본문 바로가기
  • Home

A Comparative Study on the Legal System of the Public Buildings

  • Public Land Law Review
  • Abbr : KPLLR
  • 2010, 48(), pp.113-130
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

오준근 1

1경희대학교

Accredited

ABSTRACT

Public buildings are one of the most essential administrative resources of the public agencies. The regal foundation for the management of the public buildings in Korea is 「Government Buildings Management Regulation」. This Regulation is not an act of the National Assembly, but a presidential decree. This article is prepared to discuss the direction of the reform of korean legal system on the management of the public buildings. The korean, japanese and german legal system on this matter are compared in this article. The laws on the administrative resources are divided in german legal system. The public goods as the street, water are regulated in the separate legal system as street law, water law etc. Legal theory of the street law and water law are highly developed as a part of the german administrative law. On the contrary the public buildings are managed as a part of the legal system of public property law. The legal system of the public buildings are developed as a separated part of the administrative law in Japan. There are 「Law on the Special Measures for the Regulation of the Use of the Governmental Buildings」, 「Law on the Housing of the Government Employees」 and 「Law on the Construction of the Governmental Buildings」. There are typical two alternatives for the reform of the korean legal system on the public buildings according to the results of the analysis of the korean, german and japanese legal system. One is the way of reform as a part of public property law and the other a part of the administrative law on public resources. Because the public buildings are one of the essential resources of the administrative agencies, there are many critical points for the management of these according to the 「The National Government Organization Act」, the special treatment of the public buildings is indispensible as an object of special administrative law. The Direction of the legislation is suggested according to this viewpoint in this article.

Citation status

* References for papers published after 2022 are currently being built.