Korean | English

pISSN : 1226-251X / eISSN : 2733-8371

2020 KCI Impact Factor : 0.77
Aims & Scope
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The Public Land Law Review is an academic journal published by the Korean Public Land Law Association.   The Public Land Law Review was the first journal in the field of public law to be listed as the journal of candidates for registration(1997.07.-2003.12), and it has been the registered journal of NRF(National Research Foundation of Korea) since it became the registered journal in Jan. 2004.   Since the first edition of Public Land Law Review was published on April 1 in 1995, the Korean Land Law Association has published four reviews every year and 93 Volumes as of Feb. 25, 2021.   The Public Land Law Association has published about 1,800 papers(Each volume includes an average of 20 papers) so far in the field of public land law and administrative law.   In particular, the Korean Land Law Association and the Universities such as Manheim, Tuebingen, Speyer, etc. in Germany have regularly held the Korea-Germany Administrative Law International Conference since 2005, and the papers presented by German scholars have also been published in the Public Land Law Review and recognized for an international exchange and authority.   The Public Land Law Review is recognized worldwide as the sole expert academic journal in the field of public land law, especially by driving a theory, a system composition and a development of public land law which is a new field of study.  
Editor-in-Chief
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Bonggi Shin

(Kyungpook National University)

Citation Index
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  • KCI IF(2yr) : 0.77
  • KCI IF(5yr) : 0.63
  • Centrality Index(3yr) : 0.98
  • Immediacy Index : 0.3167

Current Issue : 2021, Vol.96, No.

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  • Urban Planning and Planning Power of Local Governments

    Kim, Sung-Bae | 2021, 96() | pp.1~42 | number of Cited : 0
    Abstract
    In analyzing the realization of local autonomy in spatial planning, the authority to investigate, prepare and establish a spatial plan related to the area of ​​local government (①planning authority), and to provide stakeholders such as residents for the established plan. Whether the authority to verify, control, and confirm interests (②confirmation or decision authority) and the procedural authority to participate in the planning process related to or included in one’s autonomous area are guaranteed (③authority to participate), furthermore, conflicts It will be necessary to determine whether the authority to cooperate with, negotiate, and coordinate with independent local governments (④mediation authority) is granted. If it is called a local government and the authority of ① to ④ is not granted, it should be judged that the planning right of the local government is essentially infringed. Since the most essential authority among the rights of ①∼④ is the authority of ②, if the ② authority is not granted, the infringement of the planning authority is highly suspected, and it is necessary to determine whether the other authority is intrinsically violated depending on whether and to what extent it is granted. Currently, most of the spatial planning related laws have a dual committee system as a way to guarantee local autonomy or to increase the participation of experts. However, if the composition of the Central Committee itself does not have any democratic legitimacy or representation and it is structured and operated by the discretionary judgment of the executives and heads of the competent central administrative agencies, it will only play the role of formal participation and formal justification. While discussing local autonomy, autonomy is mainly explained by traditional administrative classifications such as organization, finance, and personnel. It is an essential administrative action that accompanies the government, and the modern meaning of administrative planning is not only to combine purposes and means, but also to communicate with residents and coordinate stakeholders through participation in the planning process. In spatial planning, the planning authority of a local government requires not only the establishment and confirmation (decision) of the plan, but also the procedural guarantee that it can participate in the establishment of other plans closely connected with the local government. It is true that the planning authority of local governments has been gradually expanded and guaranteed in the field of urban planning. But it is still lacking. One of the common features found in the current spatial plans in Korea is that the city planning authority is not guaranteed at all in the case of autonomous districts and counties within metropolitan areas. If the process of establishing a plan and the process of deliberation and finalization of the plan can be separated, it would be desirable from the level of horizontal separation of powers or inspection to separate the establishment subject. Establishing a spatial plan is a task that requires effort and time for practical data collection and data comparison to collect numerous related data, evaluate interests, and predict the future. It is more efficient to do it, but it is preferable to check and confirm the drafting plan through the process of democratic legitimacy and interest adjustment based on the representation of the residents at the local council, the legislative body of the local government. The composition of the expert group that plays a role is composed of various forms for each local government, but it is necessary for the state to prepare certain directions and guidelines. A mechanism should be provided to smoothly resolve disputes between local governments or between local governments and central administrative agencies and to prevent them in advance in cases where the eligibility for plaintiffs in administrative litigation of local governments is generally denied.
  • A Study on the Excess Profit Recovery System of Reconstruction Projects

    Jeong Hoe Gun | 2021, 96() | pp.43~73 | number of Cited : 0
    Abstract
    The reconstruction project is a project to improve the residential environment in an area where is the term "fundamental infrastructure" good but the apartment houses that are old or defective buildings are dense. This shall be done by constructing and supplying apartment houses, ancillary facilities, welfare facilities, and officetels in accordance with the management and disposal plan in the maintenance area or in the non-renewal area. The reconstruction project is implemented through the procedures of the project preparation stage, the project implementation stage, the management disposal plan stage, and the project completion stage. The development profit of the reconstruction project is the non-high income obtained without one's own efforts. Acquisition of development profits causes speculation on land and unfair distribution of income. Therefore, development profits generated from the land were recovered and distributed appropriately. In addition, with the purpose of recovering development profits to prevent speculation on land and for efficient use of land, a system for recovering excess profits from reconstruction was implemented. The reconstruction excess profit recovery system was introduced in 2006 and applied in 2008. After that, it was postponed from 2013 to 2017 due to the sharp downturn in the housing market. It was implemented again in 2018 due to the rise in housing prices and the spread of speculation. Reconstruction excess profit recovery system refers to the imposition and collection of reconstruction charges on the excess reconstruction profits obtained from the reconstruction project. Reconstruction charges are calculated by applying a progressive tax rate according to the burden rate. The contribution rate of the reconstruction charge is higher than the basic tax rate of income tax. It has the character of a transfer tax and thus has the character of double taxation. Reconstruction levy directly imposes a financial burden on members. There is room for controversy over the time of imposition, the rate of burden, and protection for those who have no income, which are the criteria for calculating the reconstruction fee. Therefore, there are cases where the reconstruction project is canceled or delayed, so that the efficient reconstruction project is not implemented. Therefore, in this paper, the problems and improvement plans of the reconstruction excess profit recovery system are presented.
  • A study on Securing the Appropriateness of Population Estimation in the Urban Master Planning

    Cho, Jin-Woo | 2021, 96() | pp.75~102 | number of Cited : 0
    Abstract
    In the process of high economic growth in Korea, the population increased with a high fertility rate, and people flocked to cities. As many problems occurred due to the rapidly increasing population of cities, the Urban Planning Act solved these problems by preparing the urban master plan and urban management plan. In a time when the population is declining due to the low birth rate and aging population, a fundamental change is inevitable in the urban master plan stipulated on the premise that the existing population is increasing. However, although local annihilation is becoming a reality due to population decline, local governments are establishing basic urban plans on the premise that the population will increase as in the past. In the urban master plan established by local governments, overestimating the future population, the gap with the reality of declining population is gradually increasing. The urban master plan presents an image of the future of the city, and an increase in the population gap, which is the basis of the plan, leads to indiscriminate development of the region and waste of finances, leading to the decline of the city. In order for the urban master plan to perform its original function by bridging the population gap between the plan and reality, local governments should be able to utilize more diverse population indicators to establish the urban master plan and to establish more flexible plans. do. In addition, more specific control measures are required for population growth caused by social factors in the planned population estimation. Recognizing that population movement in the era of population decline is a zero-sum game for local governments, measures that enable neighboring local governments to interconnect the urban master plan should also be considered. Above all, it is also necessary to strengthen the capacity of local governments to establish urban master plans and to provide a basis for easily sharing data for rational establishment of urban master plans between the state and local governments. In the era of population decline, if local governments overestimate the population according to the urban master plan as in the past, the current difficulties will be accelerated. It should be possible to establish a basic urban plan suitable for its original function by inducing population estimation through more diverse methods and controlling excessive population estimation.
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