도시계획의 핵심기능과 지적제도의 충돌

도시계획과 지적제도의 충돌 및 법적 쟁점을 분석한다.

The essential function of the city planning is a designing of a city. It is decision of the development unit and the development permission. In spite of a characteristic like this, the city planning in the law of a land planning does not make full use of this as it's authority. Because the city planning conflicts with existing land register system. The development unit as a standard unit for construction has a character of a public law.

In spite of the law of a land planning must have an authority for a decision of the development unit and totally take charge of this function, it did not organize the development unit in an established city in korea, because a plot of land in the law of a land register was most powerful. So the construction law depends upon a plot of land in the law of a land register for deciding a building site and it makes a plot of land to have authority of a public law as the development unit.

A subject that construction is permitted to the unit of a individual plot of land is seized as the development permission, it is applied by the permission of a characteristic transfer of land in the law of the land planning. If the land category a individual plot of land is not 'the building site', it has need of the permission of a characteristic transfer of land for a change of the land category. It allows to change the legal character as a plot of land for construction. A interpretation that the permission of a characteristic transfer of land grants a new legal position identifies 'the building site' as a land category represents privileged status.

The building site as the land category with the city planning has accomplished a function that the development permission allows and it belongs to the essential function of the city planning. The subject that is a decision of the development unit and the development permission brings about a conflict between the city planning and the land register system, and it is a factor that a problem of the city planning for an established city in korea is not solved. This report is for analysis of these problems and discovery of legal problems to improve on a legislative process.