우리나라 用途地域·地區制의 運營上의 問題와 改善에 관한 硏究

우리나라 용도지역·지구제 운영상의 문제와 개선 방안을 연구한다.

This study critically observes the problems associated with the current land-use zoning system in Korea, particularly the inefficient legal provisions of zoning that could potentially impede the effective utilization of the nation's limited lands. Specifically, confusing definitions of the core concepts, practices of overlapping designation of zones, and ambiguity in zoning classification on account of the size of land frequently render the managerial difficulties for the Authority as the inconvenience in the part of the land users.

Recognizing such shortcomings as above, this study suggests that the significant improvement of the zoning system could be achieves through the systematic integration and reduction of the current land-use related laws regulations. Major recommendations proposed in the study are as follows: First, unnecessary redundancy between the related laws need to be removed and simplified to improve clarity, i.e., to clarify the regulatory control of land uses, the functions and hierarchical orders of the 'Area(Guyok)', the 'Zone(Jiyok)', and the 'District(Jigu)' should strictly be distinguished to avoid mutual overlaps.

For example, the comparable zoning regulations provided separatedly in the Urban Planning code and the Building Code should be pooled exclusively into the former so that the latter only covers the technical specifications. In the current Building Code, some terminology in Japanese style and other articles that complicates the public's understanding should also be revised through the legislative process. Second, in order to minimize the coexistence of the conflicting uses of land within the same zone, and to discriminate the mutually differing zoning concepts, each hierarchical unit of fuctions.

For instance, the'Area(Guyok', defined as the zoning unit that commands the most fundamental uses of land, should be applied to the entire region that is under the urban redevelopment planning process: the 'Zone(Jiyok)', defined as the zoning unit that particularizes the detailed land use activities, should be applied to those sectors in the 'Area' where the development activities are permitted: and, finally, the 'District(Jigu)', defined as the zoning unit with a single regulatory purpose, should be applied to where is it necessary to partially compliment the limitation of the zoning provisions available at the level of 'Zone' alone.

Third the zoning regulations should be improvised adaptively in accordance with the peculiar characteristics of regions and the particular sizes of cities.Since the zoning regulation intrinsically bears the operational rigidly that can not suffice the diverse demands for land, it is necessary, while maintaining the basic framework of the zoning system, to delegate the local governments more discretion in implementing the zoning regulation so that each locality can better reflect the peculiarities of its region and/or its city size.