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A Comparative Study of the Consistency Doctrine in the Urban Planning System - Centering around the Urban Planning Law in U.S.A. -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2005, 25(), pp.101-139
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Jeong-Hun Park 1

1경희대학교

Accredited

ABSTRACT

This paper is aimed at the comparative study of the urban planning system between Korea and the United States of America. In history, the urban planning law focussed on regulation methods such as in zoning or subdivision. However, as sprawling and environmental problems emerged in 1970s, the revision in the urban planning law system based on a master plan, which is the object of policy in the urban planning, was required as a rational and systemic solution. Consequentially, the place as the Constitution of Land Use Regulations was applied to a master plan. That is, in each state all regulations like zoning, etc. shall be made in accordance with a master plan: the consistency requirement, shall be written in an act of Congress, and any regulation planning means against this shall be nullified, which is the general case law today. To conclude, this study suggests (1) the directions of innovation in the legislation of Korea, whose regulation planning is focussed on the urban planning as in zoning system, through the consistency doctrine established on the Land Use Regulation Law in the United States of America, and (2) in theory, the possibility of introducing the interpretation theory of the consistency requirement formed in a case law in the United States of America to the legislation of the urban planning in Korea.

Citation status

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