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Subjects on the Public Land Law regarding theSpecial Decentralization Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2004, 21(), pp.55-80
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Seongho Kim 1

1한국지방행정연구원

Accredited

ABSTRACT

In this study, I analyzed the contents of Special Decentralization Law, the operation system and the problem of local government's plan sovereignty. Then, The Purpose of this study is to study about the alternative of legislation policy for decentralization between central government and local government on the public land law. According to the purpose of legislation, the Scope of the analyzed contents covers the urban planning as the subject of public land law relating to the reinforcement of local autonomy. Under these foregoing issues, I suggest alternative of legislation policy to transfer sovereignty to local government according to the principles and standards of management distribution. The decision of central government make serious infringement on the autonomy of local government, and this ultimately result in the incompetence of local government. The decision which is made by central government should belong to the local government. I think that the optimum urban planning should be handled with the local government under the Basic Land Law and Land Planning Law. In conclusion, the improvement of institutions and the distribution of sovereignty provided in statute by the principles and standards of management distribution ultimately reinforce the legal effects of individual urban planning statutes. The fortifying of the autonomy of urban planning is heavily dependent on the above-mentioned condition.

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