연구 요약
연구 요지 (AI)
도시계획조례의 특성을 분석하고 효율적 운용 방안을 연구했다.
초록
The national land planning system of Korea comprises three steps, including the district unit planning, which is a metamorphosed format from the two step structure based on usage regional system. The district unit planning resembles the detailed planning system of Europe, but taking the contents and application range of the plan into consideration, its function is limited to assisting the usage regional system. In the recently legislated national land planning law, the application range of the district unit planning has been extended, and is comprehensively applied as the application method of the ‘planning first, development later’ paradigm, including urban and suburban regions.
However, in the land usage system based on usage regional system, the establishment of district unit planning is also founded on the usage regional system; thus, there is a limit. In the case of Japan and the U.S., who also operate an identical usage regional system, various urban management methods are developed in order to overcome such limitations. Especially, they utilize it as a systematic instrument matching the region’s characteristics and urban management direction through the operation of ordinances.
Urban planning-ordinance, a unique function of the local assembly, is a legal and systematic tool that can construct a autonomous system in the range of law, taking the self-governing body’s characteristics and realities into consideration. Thus, there is a need to establish a cooperative relationship between urban planning and urban planning- ordinance, each as the practical tools of urban management considering the regional characteristics. Consequently, urban management as a legal system was originated in order to enable practical urban management according to specific regional situations.
The operation of urban planning-ordinance is expected to perform an important role in urban management in the upcoming future. In this research, we will take a look at the character of Korea's national land use as well as the structural characteristics and system of related laws. An efficient application scheme of the newly introduced urban planning ordinance is organized in the aspects of contents and management through its evaluation and analysis of application characteristics. The purpose is to present a scheme in which the relationship between law, urban management planning, and urban planning ordinance stand opposed to one another can be used as a practical tool for urban management.
The contents are such as examination of the characteristics of the usage district system, which is Korea’s urban management system, observation of the related tasks on the level of land planning law, the advent of ordinance following the reform of urban management system, the details regarding each city/town’s ordinance enactment, and the role of urban planning-ordinance in efficiently settling the urban management planning. Archive research was done in order to define the characteristics and legal trait of the urban management system; and for the operation status of the urban planning-ordinance, case study was chosen.
As the result of this research, we’ve discovered that various types of problems are occurring inthe aspect of establishment and operation of urban planning ordinance. Therefore, the scheme to discover the causes for such problems and to use urban planning ordinance as a tool for urban managing is described below.
(1) Content Aspect First, the examination function of ordinance establishment procedures must be strengthened to preserve the lawfulness of the ordinance while also preserving lawfulness of the ordinance contents to examine the relationship with the law during ordinance judgment through the application of deliberation commission which includes a main office, legislative office, and related professionals. Second, a standard must be provided through an objective analysis on the matter within the ordinance of settling on a value and a preliminary evaluation on the character and effect of each value is needed so that urban policies or urban planning directions can be reflected in the ordinance.
Third, it is necessary to differentiate the application of the ordinance for each location during establishment and the construction of a dualistic management system is required for this which can differentiate the application of urban management planning and ordinance. (2) Management Aspect First, it is required to examine the contents of the current ordinance, include a plan which presents the loopholes and complementary points of application, and arrange a standard in revising the urban planning ordinance according to the established plan.
Second, the participation of a professional might become necessary who can efficiently harmonize matters in case of a difference in opinions between the administration and assembly occur on ordinance revision where it is possible to use the corresponding urban planning committee when needed. Third, time needs to be given in cases where preparations are needed to prepare at self-governing bodies through advance notices even when it is an ordinance announcement, while mutual cooperation must be especially fulfilled through exchange extensions and strengthening education between the central facility and local self-governing bodies.
In addition, it is required to educate the professional knowledge base of government employee in charge and to install attached researchers and permanent planning body. (3) Establishing Aspect of Relations with Urban Management Planning This part can be distinguished into an urban management planning centralized type, an urban planning ordination centralized type, and an urban planning ordination parallel type. The first of these types is a scheme to provide more detailed decision on usage areas and districts within the range of current laws and regulations. The second type is a scheme to diversify the applications of the ordination per each area within the rang
발행 정보
2006. 全北大學校 국내박사 학위논문