용도지역·지구제 발전방향 연구

행정규제 원칙에 따라 용도지역지구제의 발전방향을 모색했다.

The contents of this study are principles of regulations stipulated in the Framework Act on Administrative Regulations and ultimate valuation criteria that must be sought in public administration. Based on ideology, which serves as the evaluation criteria for administration, the principle of land use zoning system has been subdivided into legality, democracy, efficiency, and effectiveness. The purpose of the study is to seek out most advisable ways for developing the land use zoning system by focusing on the most recently enacted Act on Planning and Use of the National Territory based on the aforementioned principles and on individual zoning acts.

There have been many studies previously on land use zoning system, but none that analyzes the system within such a framework to come up with development methods. Firstly, current situation and problems in Koreas land use zoning system was looked at with focus on principle. In relation to legal system, not only is Koreas land use zoning system not true to the principle of effectiveness, but the related regulations are so complex and divergent that it lowers industrial productivity and inconveniences peoples everyday lives.

Furthermore, unsystematic restrictions in the regulations that are not true to the principles of legality and effectiveness are delaying administrative procedures, wasting budget, and creating confusion in land use regulations. Secondly, in operation, the inflexibility that does not suit the principle of effectiveness acts as an impediment to making timely adjustments to dynamic changes in the national territory. Further, there are limits to inducing land use that reflects the special characteristics of sites due to across-the-board regulations that do not take geographical location, their special characteristics, and local conditions into consideration sufficiently.

Neither can it be said that fairness and democracy are guaranteed in the administrative procedures because participation of the people in the decision-making processes takes place more as a matter of formality. Hence, preparation of a system that is true to legality, democracy, efficiency, and effectiveness mentioned above is called for. Ways to develop such a system are proposed as follows. On the legal side, areas unnecessarily zoned should be freed for modification of related regulations that are too complex and divergent. Zonings that need to be maintained should come under land use classification in the Act on Planning and Use of the National Territory.

It is proposed that these however should be preceded by reorganization of zoning related terminology under individual acts. In relation the operation of land use zoning system, the necessary for establishment of a separate organization for reorganization of relevant regulations has been proposed. In addition, strengthening evaluation functions of the land use zoning system, promoting efficiency through flexible application of restrictive regulations, and securing democracy through active participation of the people in making decisions concerning land use zoning have been proposed as a way of further developing the land use zoning system.

Transparency in land information and enhanced efficiency via securing of finances and personnel by local governments have been proposed as additional ways of developing the land use zoning system.