공공기여 제도의 법적 구조와 개선 과제

개발이익 환수를 위한 공공기여 제도의 법적 구조와 개선 과제를 검토했다.

Abstract This study aims to examine the legal framework and operational status of the public contribution system in South Korea, which serves as a key regulatory mechanism for capturing and redistributing development gains resulting from urban planning changes, and to suggest improvement measures for it. This system requires private developers to contribute a portion of the increased land value resulting from regulatory benefits(e.g., rezoning or relaxation of floor area ratio) by providing public facilities or making financial contributions.

The fundamental aim is to ensure a fair allocation of development benefits, enhance urban publicness, and achieve a balance between public interests and private profitability. Recent institutional developments, such as the 2024 amendment to the National Land Planning and Utilization Act and the introduction of the 2025 “Public Contribution Guidelines,” have contributed to enhancing the legal predictability and transparency by establishing the legal basis and operational standards for the system.

However, practical problems have remained, including discrepancies in calculation standards among municipalities, the absence of clear and consistent exemption criteria, a lack of transparency in the management of public contribution funds, and growing tension between public authorities and private developers regarding the scope and burden of contributions.

To address these issues, the study proposes several key policy improvements: (1) the quantification and unification of contribution standards; (2) the clarification and institutionalization of exemption rules for projects with high public value, such as public rental housing or job creation initiatives; (3) the strengthening the management of special accounts, such as the introduction of dedicated special accounts and transparent fiscal management systems; (4) the establishment of public-private interest negotiation and mediation mechanisms; and (5) the expanding provision of institutional support by the central government.

In particular, for the public contribution system to become established as a key means of securing urban sustainability and social equity, an effective operating system must be established in parallel with the improvement of laws and systems.