장기미집행도시계획시설에 대한 권리구제 방안 : 전라북도를 중심으로

장기미집행 도시계획시설에 대한 권리구제 방안을 연구했다.

`It's no exaggeration to say that today's administration is all about planned administration. Almost every policy is decided and executed in the form of administrative plans from short-term work plans of various kinds to long-term large-scale national policy projects. Administrative planning of such nature is attributed to the fact that the center of administration moved from the old short-term and fragmentary environments to the welfare state requiring long-term and integrated features.

With the advancement of science and technology, all kinds of techniques and statistics available have made it possible to make long-term predictions, which has directed the policies to setting a better life foundation for the next generations. As confirmed with many previous researches, the concept of administrative planning consists of activity criteria, establishment process, and establishment acts: the activity criteria concern the agents of administration setting goals for certain administrative operations, going through the process of regulating and integrating the mutually related administrative means, and aiming to implement a better order at the target point in the future.

Among the constituents of administrative planning, urban planning has the most influences on the people's relations of rights and duties today. In general, urban planning refers to a series of operative activities to set plans about the future issues of the city. It appoints the purpose areas, districts and sections according to the land characteristics and uses in order to encourage planned and rational uses of the land in the scope of urban planning, as well as to impose limits to constructions as part of the activity restrictions. Administration creates the foundation of the city and realizes public good among the diverse urban facilities following urban planning.

In such a case, however, uniform legal nature cannot be defined as the urban planning cases are categorized into those that can be disposed of as the object of administrative suits and those whose disposability is not recognized through many precedents. Even if urban planning is decided by the need of the times of planning, the needs for its execution decrease in the implementation stage due to the changes to the social environment. Accordingly it keeps being pushed back to the priority list, which results in the urban planning facilities that are not implemented for a long period of time.

The biggest cause of such a phenomenon is planned administration based on administrative opportunism, in which they plan the facilities for urban planning before the concerned city is developed and carry out its projects as the financial conditions may allow later. In the process, there are no enough measures for proactive remedy for violation of private right such as gathering public opinions, hearings, and people's participation, which has also played as a cause. The delay of the implementation goes against the will of the landowners that want the implementation definitely, but there is not a good solution.

The focus of solutions should be placed on guaranteeing the concerned citizen's property rights quickly not imposing burden on the local finance and on making the urban planning facilities perform their original functions. From that prospective, there should be a theoretical approach to guaranteeing the plans, which means that discussions about the claim for planning are very significant. They need to actively review the plans to grant a right of claim for the planning decisions and a claim to planning guarantee by trusting the concerned plans and requesting they should be continued through various legislation, precedent, and judgment cases.

It's also necessary to conduct legislative reviews for the interested parties' remedy for violation of private right, and to make rational plans to raise the fund to resolve the situations with the urban planning facilities not implemented for a long period of time, and rearrange the urban planning regularly. In addition, the current proactive remedies for violation of private right should be supplemented, which include notification in advance, hearing, document reading, addition of reasons, setting forth and announcing the disposal criteria, participation procedures of the people and residents, public hearing, submission of opinions and provision of reasons.

And the basic ordinance for residents' participation should be prescribed to come up with more multilateral remedy for violation of private right and solutions.