부동산신탁제도의 활성화 방안에 관한 연구 : 산업단지개발 및 관리의 신탁을 중심으로

산업단지 개발·관리에 활용하는 부동산신탁제도의 활성화 방안을 연구했다.

Korea industrial complex development has been developed under the leadership of the government since the early 1960s, when the law on the real estate development industry was enacted for the first time. In the mid-2000s, when industrial complex development was indiscriminately developed, the government pushed for regulatory reform as a top national task and enacted the Industrial Location and Development Act to simplify the approval and permission period, which takes two to four years to develop an industrial complex.

It has been developed by enacting the Special Act on the Simplification of Industrial Complex Authorization and Permit Procedures by integrating development plans into industrial complex plans and applying special provisions expanded to similar procedures and licensing agenda items to simplify approval and permission procedures within six months so that industrial land can be supplied quickly to meet corporate demand.

However, implementation of the Special Act, corporate demand has decreased due to the financial crisis and economic downturn in the United States, business feasibility has deteriorated, and difficulties in financing have prolonged business promotion and revealed the limitations of supply-oriented policies that frequently occur undeveloped cases.

Therefore, in this study, in order to find ways to contribute to the development of industrial complexes using the real estate trust system, the system related to industrial complex development was reviewed to derive legal and institutional problems and improvement measures for industrial complex development currently in place, and the current status and characteristics of industrial complexes before and after industrial complex development were divided into designation, construction, and completion of industrial complexes.

To prepare specific problems and system improvement measures, the approval procedures and regulations stipulated in the Industrial Complex Act and the Industrial Location Act were categorized and examined, and foreign industrial complex development cases were analyzed by item, focusing on Japan, the United Kingdom, and the United States, and rewritten by referring to various literatures to verify and secure objectivity on the factors of success in development. The problems of the real estate trust system in the development of the current industrial complex shown in this study can be analyzed into five items.

First, in order to simplify the licensing process, the problem is that development is possible without changing the urban basic plan as an agenda item of the urban basic plan. First, in order to simplify the licensing process, it is possible to develop the basic urban plan without changing it. Second, it is unclear where the responsibility lies in the event of a problem such as the project period, suspension of construction, or civil complaints due to the absence of the project implementer regulations of the industrial complex plan.

Third, damage to the business after designation of the industrial complex because the application for change to the extension of the business period under the Inclusion Act can be approved regardless of the limit, period, and number of times of change. Fourth, when developing an industrial complex, contract a management trust product that is inevitable in financing. In the event of legal problems such as bankruptcy or civil complaints of a business operator during the project period, only the contractor and the trust company are responsible for the obligation to comply with responsibility.

Fifth, a one-sided and meaningless development entity-oriented business method centered on suppliers rather than an actual user-oriented supply of industrial complexes. Based on the analysis of these five major problems, five items of system improvement measures were prepared, and improvement measures were proposed by objectifying various foreign systems and literature information after rewriting them. First, it is necessary to prepare specific standards for preparing industrial complex development plans and verification standards and introduce a performance guarantee system that can guarantee the implementation of industrial complex development.

Second, the Capital Markets and Financial Investment Business Act, which can regulate plans from the beginning of the project to prevent insolvency during the project period of industrial complex development, should be revised to specify trust development in accordance with the Industrial Location Act and to efficiently utilize trust development. Third, through the revision of the Industrial Location Development Act, the industrial location development process should be simplified, integrated, and legal improvement of dual inefficient issues related to industrial location management should be made.

Fourth, it is necessary to improve the Industrial Cluster Revitalization and Factory Establishment Act to periodically review the residential industry when confirming the industrial complex development and establish a practical and specific system for infrastructure, power, and water suitable for the residential industry. Fifth, the current industrial complex development is not only scattered in various systems centered on the management entity, but also has diversified authorization, permission, and management systems. It is necessary to unify the development and management system centered on the local government where the industrial complex is located.

Finally, universities, industries, and research institutes should be spatially integrated to create a virtuous cycle of revitalizing industrial complexes that can bring about the local economy and job creation effects, in order to move away from the existing supply-oriented industrial complex development to a comprehensive and comprehensive industrial complex concept. Keyword: Industrial complex development, Industrial complex development project, Industrial Complex Plan, Real estate trust syste