도시개발에 있어서 법정계획의 한계와 비법정계획의 필요성에 관한 연구 : 기반시설 확보를 중심으로

도시개발에서 기반시설 확보를 위한 법정·비법정계획의 역할을 연구한다.

In small scale projects such as individual construction project, the infrastructure construction has been avoided or only that for related project site has been established through point development by free riding ambient large scale projects while that for the project site has been intentionally and efficiently due to similar project times in large scale project such as residential area development So, thoughtless development happens and intentional infrastructure is not established in the former case.

Thoughtless development is defined as insufficient public infrastructure such as road, water-sewer system, and school by the development not to consider the capacity of infrastructure of in the area and chaotic buildings by unintentional development. The judgement criterion is whether the infrastructure was constructed intentionally. Like this, the intentional construction and establishment of infrastructure is very important.

Thus, the contents related to the infrastructure establishment are specified on the determination and notification of urban planning facilities by urban fundamental planning and management planning on 「law on territory planning and use」and individual laws such as 「city development law」,「law for development promotion of residential area」and its intentional construction is promoted through various institutions such as development action permission and infrastructure area.

However, the problems of infringement on private ownership and civil complaints caused by long-term non-operated facilities with determination of excessive city planning facilities, inexperienced operation of institutions such as development action permission and infrastructure area and chaotic legal system require other different solutions. Infrastructure usually has difference between planning and construction time and is planned to secure land before it is constructed in need. Though the plan is best made by the public or established by the legal planning to prevent thoughtless development, the problem of longer time, excessive cost, and insufficient administration capacity arise.

Thus, for the prevention of thoughtless development, the infrastructure establishment is needed fundamentally, but some solutions are required since intentional infrastructure by present legal planning is hard to achieve and limited and non-legal planning should be introduced.

Non-legal planning is a sort of the notion of pre-legalization without binding or framework and control procedures before the legalization, Even though it could not determine infrastructure as urban planning facilities by city management plan because of execution problem of the budget, it means the plan to lead flexible and strategical planing, constructing and developing infrastructure other than legal planning considering concern about thoughtless development and the necessity of intentional infrastructure needed, The research results on 5 examples to attempt to establish the infrastructure by it are that they established infrastructure by the negotiation with businesses only with the preliminary plan of infrastructure and are introduced to prevent long-term non-operating facilities and respond quickly to environmental changes free of execution of the budget.

Especially, they show that the speedy negotiations with businesses were made in progress in non-legal planning oriented projects such as Mangpo garden in Suwon-si, inter-village road within Hwasung green belt, and roads in Hwasung planned build-up area, and infrastructure was constructed without serious problems within the harmonized mutual interests. Like this, it could be used temporarily in the area which infrastructure is not determined as legal facilities due to lack budget despite necessity of intentional infrastructure facilities before the advent of development pressure.

As in the case of Rahmen plan in Germany as a supplementary means for limitations of the legal planning if the non-legal planning with related contents sharing and planning improvements and making among politicians, government officials, businesses, and citizens is executed, better urban planning and ifrastructure establishment would be available.