도시계획 체계구축의 법적 과제에 관한 연구

도시계획 체계 구축을 위한 법적 과제를 검토했다.

Cities have been played as places for various human activities such as finance, information, and merchant services as well as for residential activities. However, land as a basic physical element for urban space is privately owned objectivity and it can be used, rented, and sold since it is protected by law. Because of theses characteristics of land, there is no certainty that individual land owner’s free decision over the land use could introduce optimal urban spatial structure. Therefore, it is inevitable to adopt some type of public regulations on the private land uses in order for guiding urban spatial structure to a certain direction approved by general public.

However, effort to develop an unique research field regarding to ‘city and law’ is very limited in the field of law. Moreover, the research objective and method are not verified yet. Although it was from the late 19 century to an early 20 century that the first legal and political format was evolved to cope with the growth of cities, the essential movements to develop unique legal system for the management of urban formation was began after the world war Ⅱ. However, most cities at the developed countries have experienced loosing population toward outer areas of the cities ever since the 1980s.

This remarkable change is the outcome of transformation from the year of growing urban era to the year of maturing urban era and thanks to this change modern urban planning needs to have new planning principles to manage existing urbanized areas and to rearrange urban spatial structure. These planning principles were truly adopted both in the growth management policies and environmental urban planning. As we reviewed in above, planning in the year of maturing urban era require an establishment of legal system based on the following two major planning principles.

First, planning in the year of maturing urban era requires an establishment of legal system which could adopt new planning principles as well as keep the consistency and unity of the related laws. Second, planning in the year of maturing urban era requires a flexible urban planning system which could adopt informal requirements in administration of urban government. Based on these findings, this study aims to find either a principle of law or a method for institutional actions which could adopt diversified social values and harmonize complex interests between various entities within the cities.

To accomplish this research objectivity this study reviews the historical background of urban administration especially from the perspective of the planning in the year of maturing urban era. In addition, this study exams the legal system related to the urban administration through out the literature reviews mainly with cases of the United States of America, Great England, Germany and Japan. Although this study mainly focus on literature in the field of law, this study also references literature fom the field of urban administration, urban planning, urban sociology and etc.

Finally this study exams various precedents related to the principles of urban planning and roles of urban administration from the perspective of planning in the year of maturing urban era.