녹색성장을 위한 국토법제 분야의 성과와 과제

Abstract

It is already a big progress that the Green Growth Act was enacted. In the GGA there are also stipulated the green life, green land, green traffic and green building etc. In the diverse areas of land law the idea of green growth is already reflected through the regulations which contain environment friendly land development or sustainable development. It is strongly recommended for us to keep these regulations and to fulfill the ideology of green growth in order that Korea grows into a green power nation. In addition to that, we have to make the concept of green growth clearer and to focus on land use plan which includes green growth. When the land use plan is established, then it should be stable enough so that all designations in the land use plan and contents would be carried out according to that plan. For this purpose the land use system should be transformed into the Detail Design Planning System of the german land use system from the use zoning of the american land use system. Green Growth as a new paradigm needs a possibility of flexible land use and might move to the united green plan legal system through combination of land use legal system and environmental legal system. To fulfill the principles of green growth, it is needed much elaborater approach for the traffic legal system, much finer touch for the building legal system so that the concerned various interests can be harmonized, which arise in the implementation process of green growth. Green Growth as a national strategy throws many problems from the viewpoint of rule of law, especially the ambiguity of the concept and the production of delegated legislation, therefore the countermeasures for these problems are requested. In the Green Growth the role of local government is very important because lots of national tasks are delegated to the local government. In this trend the appropriate control mechanism for abuse of delegated powers of the local govenment should also be prepared.