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Research on legislation regarding the management and development of public properties on commission

  • Public Land Law Review
  • Abbr : KPLLR
  • 2012, 56(), pp.133-152
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Jang Kyo-Sik 1

1건국대학교

Accredited

ABSTRACT

Local governments have maintained passive management strategies regarding public properties and therefore have failed fully utilize them. Local governments seek pro-active management such as the development and utilization of public properties, to depart from passive strategies such as maintenance and preservation in order to have financial independence. Utilization measures through management and development of public properties on commission is considered based on the recently-revised legislation. First, the legal principles and effect of management of public properties on commission can be identified as follows. The management of public properties on commission consigns administrative affairs such as the management and treatment of public common properties to agencies such as the Korea Asset Management Corporation, giving them rights and responsibilities for the affairs. It saves management expenses through the active management of public properties and increases non-tax revenues. It also reduces the administrative burdens for local governments and efficiently manages public properties’ management by utilizing the expertise of private agencies. Provision of information regarding land sales and lease could increase the satisfaction of local residents. Second, the legal principles and effect of the development of public properties on commission can be identified as follows. With the development of public properties on commission, agencies develop facilities with the consigned properties and their own private financing and make the rights of ownership of the development that of the local government. Agencies are consigned with the management and operation of the development in a certain period and give revenues from the lease and distribution of the development to local governments. It minimizes local governments’ financial burdens and makes the timely development of facilities required possible. In addition, the government-led development allows for the optimum utilization of public properties which satisfies both publicity and profitability. It also contributes to an increase in the price of public properties, the financial income of local governments and the revitalization of local economies. Third, post evaluation of the management and development of public properties in the commission is important. Thorough post evaluation should be conducted along with the development of evaluation standards and system. The review of actual cases is also significant. The implication from the actual cases after the introduction of the institutions regarding the management and development of commission following the revision of the law on public properties and item management could be a touchstone for local governments in managing and developing public properties on commission.

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