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A Study on the Legal Improvement of Full-scale Park area abolition System

kang seog jeom 1

1경성대학교

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ABSTRACT

Under the long-term non-funded urban park system, the planned site for the urban park could not be purchased due to financial difficulties by the local administrative body or if the project for creating an urban park was not carried out during such a crisis. However, for land owners who are tied to the urban park zone for more than 20 years due to the urban planning decision, the land owners can either make a payment by making a park formation project as soon as possible, or cancel the land ownership event by quickly. Under such circumstances, I would suggest a legal solution to solve the problem of the uncollected urban parks. First, the private development city park project must be activated and the two parks that can be developed conveniently and are profitable to solve preference conflicts can not be combined simultaneously with the local parks ideally equipped with the two areas that are equipped with a cross-profitability urban park zone. Second, the Act provided that “establishment and operation of a park green space information system should be implemented and managed reasonably and objectively based on actual data through thorough preparation and management of the park register.” Third, although the criteria for the cancellation of the long-term uncollected urban management plan in urban parks should not be set out in accordance with the Act or the Enforcement Decree, the principle of the Minister of Land, Infrastructure and Transport, resulted in the guidelines for the resolution of long-term facilities. Fourth, the national and public lands, which account for 25 % of the long-term uncollected urban parks, have a low possibility of infringing on private rights or property rights, The Act was amended to establish a public land in the urban park site by signing contracts for sub-disciplinary projects other than a negotiated or acceptable purchase decision with land owners within the zone, excluding the actual land use cases. Fifth, mayors, governors, or metropolitan mayors did not apply the Land Planning Act and the Effective Application of the Park Green Act, and the Act on the designation of an urban park as an urban natural park zone, using the designation of an urban park zone, not necessarily covered by the Act on Land Use of Article 15. The Act should enable metropolitan mayors or governors to designate urban parks that are to be installed and managed by the mayor logistics department as metropolitan urban parks. The cost of installing or managing metropolitan parks should be set up in the metropolitan area. Seventh, it was necessary to make the national subsidy pay 50 % of the expense of urban park formation projects and to actively utilize the special accounts and fund management system to solve the long-term uncollected land of urban parks. Finally, in the event that the guaranteed property rights event is violated due to the non-construction of urban parks, that is, an artificial reforestation or installation of the facility without any reward after the urban planning decision is made, the park is being operated unfairly. In addition, in the event of a protest against or against the proposed cancellation of an urban park, an appeal can be filed, Landowners could be forced to carry out urban park projects or to de-designation urban parks 10 years after the decision on the urban and military management plan to be announced by Article 48 of the National Territory Planning Act, Since the executive office will be required to release the city park from the long run, If the government refuses to do so, it will be regarded as an act of fire under the government power in which the duty of office is recognized. Thus, land owners on the land of the uncollected urban parks for more than 10 years could file a petition with the Constitutional Court with the head of the local administrative office to obtain a right to file a petition.

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