지구단위계획과 공공기여의 산정

지구단위계획에서 공공기여의 산정과 적용을 다뤘다.

In order for the owner to build a building on the relevant land, he/she must comply with the urban plan already established and determined by the administrative agency. However, there are cases where large-scale idle land is developed in combination for urban development or the area needs to be newly developed due to the relocation of urban planning facilities. In this case, the implementer of development project can proceed with the development project accordingly only when the administrative agency first changes to an urban plan that includes matters necessary for development. And this change in urban plan generates enormous development profits for implementers of development project.

Therefore, through pre-negotiation and district-unit plans, the administrative agency changes it to an appropriate urban plan for development projects such as floor space index incentive, and in return, imposes the payment of land or money for public facilities on the implementer of development project. In this way, the obligation imposed by the administrative agency to the implementer of development project to recover the development profits from the change in urban plan is called “public contribution”.

Since public contribution is a structure in which implementers of development project provide public facilities to relax the floor space index, it is often recognized and used similarly to “floor space index incentive according to the provision of new public facilities” among legal system for public facilities under the Development Project Law. Public contribution can be seen as a flexible transformation of the legal principles based on the legal system for public facilities under the Development Project Law.

If so, public contribution needs to be interpreted and operated according to the characteristics distinguished from the legal system for public facilities under the Development Project Law. In particular, the key part that needs to establish standards for interpretation according to the conceptual purpose of public contribution is the calculation of public contribution. Public contribution has limitations in public law that cannot exceed the increase in land value due to changes in urban plan. In addition, the calculation of public contribution shall be in line with the public interest and shall not violate the principle of proportionality.

Specific methods of the calculation of public contribution can be determined according to the principle and characteristic of public contribution. First, in order to reflect the actual increase in land value, the calculation of public contribution is evaluated by classifying the current value and future value of the target land. Such property appraisal is conducted at the time of pre-negotiation and included in the district-unit plan through the public contribution plan. In addition, since the amount of public contribution is a part of the development profits that the implementer of development project must bear, it is calculated based on the future value reflecting the development profits.

Specific legislation is needed in the future for the criteria for the calculation of public contribution and means for securing the performance of public contributions to implementers of development project.