도시환경정비법제의 개선에 관한 연구 : 주거환경정비 관련 법제를 중심으로

주거환경정비 관련 법제의 개선 방안을 연구했다.

Researches have been carried out in such various fields as law, economics, real estate, administrative science and geography in relation to residential environment improvement projects.

Out of major study themes, dominant were analyses on the cases of residential environment improvements, researches on the plans to resolve the conflicts among participating parties in them, the plans to improve the law and the policy related to them, the typing researches on their areas and the studies on public management system for them, The purpose of this study is for deduction of political implication for the plan to improve “Urban and Residential Environment Renewal Development Acts” which is the applicable act for urban and residential environment improvement projects.

For the achievement of this purpose, a theoretical background has been constructed through the examination of literatures on the transition process of ‘urban and residential environment renewal development acts.’ Based on the records about the conflicts and arguments revealed in the process of enforcing the current “Urban and Residential Environment Renewal Development Acts,” the defects have been drawn from the viewpoint of new housing paradigm and the plans for their improvement have been explored. The followings are the major problems related to Korean urban and residential environment improvement projects deducted from the research process.

First, the research revealed that the concentration on the improvement of only physical environment due to the lack of the connectivity between National Land Use Planning Law and Urban and Residential Environment Renewal Development Acts has caused insufficient security of continuity of urban space for locals, faulty improvement plans for resettlement of existing residents and incomplete administrative organization and its imperfect operation system for integral urban maintenance. Furthermore, the opportunity for citizens to participate in them was limited.

Due to the unilateral field investigation by public sectors or residents, the transparent participation by residents was not available enough in performing any projects, which resulted in the conflicts with those against the improvement projects. Last, in case of residents’ public inspection system, the period of public inspection was too short for any effective convergency of opinions to be impossible.

Along with this, there were frequent arguments regarding the operation of union, whose causes are the followings: first, there were continual confrontations and conflicts among those major parties interested, the reasons for which resulted from the low reliability on their promotion committees. And those problems as to designation of improvement area and their approvals were also revealed. Next, the problems related to ‘Special Law for Urban Renewal Promotion’ are the imperfection of the system converging citizens’ opinions, the violated right to equality.

In addition, with the incomplete regulations on the period of land transaction permission, some areas have been designated as both ‘urban renewal promotion area’ and ‘the area permitted for land transaction’ while the articles relevant to the cancellation of their land transaction permission are not perfect. There are also other problems of the difference at the application of regulations relevant to the project types for urban renewal promotion acts and the procedural issue to applying those relevant laws and regulations.

Regarding the standard for appointment of district, ‘Special Law for Urban Renewal Promotion’ regulates only commercial district, industrial district and station-influenced area, which is open to disputes due to excessively expanded appointment of district or the opposite case. The followings are the political implications for coping with new housing paradigms effectively. First, the modification of comprehensive driving system is required, for which the connectivity between such acts as National Land Planning Act, Urban and Residential Environment Improvement Acts and Special Law for Urban Renewal Promotion should be reinforced.

Moreover, for the efficient promotion of urban and residential environment improvement projects, there should be an exploration of effective systems to get the assistances from central government, local autonomous entities, state-owned companies and local residents. Second, an integral organization should be launched for the nationwide execution of urban and residential environment improvement projects. Those executions of the projects focused on individual projects by ‘Urban and Residential Environment Improvement Acts’ have been contributed to the physical expansion of residential area so far, but the qualitative improvement of residential environment has shown its limitation.

Accordingly, the legal and systematic supplementation are required to lead the urban and residential environment improvement by regional unit with the focus on those regional point-cities. Third, the cooperation system between public and civil sectors should be beefed up. As seen at the cases in advanced countries, the investment to urban infrastructure needed for urban improvement projects in public sectors should be made first before any establishment of such cooperation system inducing the investment from civil sectors.

Fourth, the qualitative improvement of residential environment rather than its quantitative expansion should be sought, for which the quality of urban dwellers’ lives should be improved along with the urban and residential environment improvement from the aspect of renewing physical facilities and the urban and residential environment improvement projects including the creation of employment and the development of local community should be aimed in tandem with activation of regional economy. Fifth, the expansion of the opportunity for residents to take part in those projects must lead the impro 주거환경정비사업과 관련하여 법학, 경제학, 부동산학, 행정학, 지리학 분야 등 다양한 분야에서 연구 활동