뉴타운 사업의 법제도적 개선방안 연구

뉴타운 사업의 법제도적 문제를 분석하고 개선방안을 제시했다.

New town project is a business that aims to reduce the uneven regional development caused by the gap among Gangbuk area, an old section of a city and a new section of Gangnam area. New town project has become an international urban policy since the United Kingdom accepted a new town policy as a national policy based on a new town law. According to British's new town law, while a new town has six characteristics, the population of a new town is planned by imposing a limit, a new two has a self-sufficient urban economic system, the use of land is various, a town was surrounded by restricted development areas, phased development is planned, and land is communalized.

Namely, while a redevelopment project focuses on the development of residents and certain residential areas, a new town project focuses on the public service rather than profitability, emphasizing urban arrangement. Comparing laws related to a new town project, the problems on current new town projects are deducted and improvement plans can be suggested. The regulations closely related to new town projects are 「laws on land plans and use」, 「construction law」, 「housing law」, 「law on the arrangement of cities and residential environment」, 「special law for promoting the rearrangement of cities」and etc and the ordinances in Seoul and the ordinance of arranging residential environment.

Based on the laws, major urban policies are Seoul, urban fundamental plans, housing plans, new town project areas and promoted balanced regional development district plans, the fundamental plans for arranging urban· residential environments and etc. Although regulations related to the new town projects are complicated, the new town project are legally based on 「special law for promoting the rearrangement of cities」. Therefore, the future development direction of the new town project can be sought by comparing 「law on the arrangement of cities and residential environment」, 「special law for promoting the rearrangement of cities」that provide fundamental concepts.

In order to do that, this study attempted to suggest the legal improvement directions of new town project by drawing the problems of new town projects after examining legal issues on reconstruction projects, redevelopment projects, and urban environment arrangement project observed in the arrangement projects until now. The improvement directions can suggest 7 aspects of revising laws.

Firstly, although the enforcement ordinance of "urban arrangement law" due to the transparency of the process regulates the evaluation for facilities after completing the project, it should be evaluated by estimating the calculated values of land and buildings since the minimum of premium is ignored due to the regulation that regulates based on the ordinance of cities and provinces set a rule for scheduled lots for sale and the estimate price of construction facilities. Therefore, since previous methods underestimate the appraised value of land for construction cost, the evaluation methods should be improved since land owners have complaints.

In addition, as the driving force promises the selection of constructors and establish the relation of bonds· debits to provide expenses to play as a driving force, the construction is conducted as a arrangement project led by the constructors in return. Under the situation, the constructors and others have systematic disadvantages including unreasonably increasing the construction cost and maximize construction profits to collect the rental costs of the driving force.

Therefore, the conflict factors should be resolved by conducting fair and transparent business management through supplementing the 84 article of "urban arrangement." Secondly, in order to block the intervention of interest force by complementing the lack of the financial ability and expertise of the subject that conducts the project previous to the establishment of a union due to the reasonable supporting issues for capital to operate the union, it is opinion that loan and support of funds are needed through the evaluation of local governments by positively applying the arrangement funds for urban· residential environments based on "urban arrangement law" article 63; section 3 and article 82; section 1.

Therefore, since the funds for urban· residential environments prepared by present local governments have not been used, the economic burden of residents is reduced by positively applying it and it can reinforce the public support functions. Thirdly, supplement plans should be prepared by supplementing public manager systems. First of all, there is an opinion that worries the transparency of the projects through the public manager system. In order to supplementing such things, public management task manuals should be made and it is required that the manuals regulate the contents of task process for each project stage and each people concerned.

Next, task should be clearly understood through education for the people related to public management and the functions of audit and supervisor should be reinforced. Although Korea Land and Housing Corporation or SH cooperation have internal regulations, legislations are needed to be revised to punish the corruption of public mangers expect a ward head in accordance with public servants. Lastly, in order to establish public manager systems, as financial power is an important element for each local self-organization, it is pointed out that it is hard for a local self-organization that has a weak financial power to accept the system.

Therefore, appropriate financial measures should precede in order to conduct the system. Fourth, it is argued that practical outer financial audit systems are required to secure the transparency of financial process by securing the transparency of financial process. It is suggested that a competent administrative office exercises the authority to select auditors for union accounting and legal provisions that require financial audit during a cert