도시및주거환경정비법상 인가와 도시재정비 사업주체의 법적지위에 대한 연구

도시정비법상 인가와 정비사업 주체의 법적 지위를 연구했다.

Study on Approval on ‘Urban residential environments and Maintenance Act’ and the Legal Status of Urban redevelopment & Reconstruction Operator Followed by initiation of ‘Urban residential environments and Maintenance Act’, the Supreme Court have set a significant precedent as of 2009. The Court broke the precedents by changing the legal status on project operators for urban redevelopment & reconstruction association. Also the relations between the authorization for project implementation & the administrative disposition plan and administrative approval have changed as well as legal status of general meeting resolution on redevelopment association.

However, The supreme court have triggered confusion on system of virtual approval by granting the status of administrative agent to urban redevelopment & reconstruction association without legal basis. And this eventually led to overlapping approval in spite of its own character as administrative agent. Also, problem aries when proprietor of its association can singlehandedly cancel its administrative approval granted by mayor, causing systematic error on administrative legalism. Futhermore, the Supreme Court merely regards the process ranging from resolution of reconstruction association to administrative approval as a minor procedural restriction.

It also produce logical inconsistencies by taking different legal stance before and after the resolution ; the autonomy of legal relation depends on the resolution. Thus, this study focuses on the legal status on project operateors based on autonomy and seek solution to the way that Supreme Court comprehends the matter.