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Legal Issues for the Effective Provision of Urban Infrastructure System

  • Public Land Law Review
  • Abbr : KPLLR
  • 2013, 62(), pp.109-132
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Han Sang Hoon 1

1경주대학교

Accredited

ABSTRACT

In general, most of urban rearrangement projects are implemented within the decaying inner city areas for urban renewal. However, since these projects are implemented based on individual project area they cause serious shortage of public facilities such as schools, roads, parks and others as well as disintegration of existing communities in the metropolitan areas. One of the causes for these problems is derived from the regulation of urban rearrangement project which requires kinds of urban infrastructures based on the scale of the project. For this reason the quality of housing status within the project area is improved considerably, but the quality of urban environment as a whole is retrogressed. Another cause of the problems are the private finance initiative which pursues development profits in the process of providing urban infrastructure. Therefore, the project compels the original residents, who do not have adequate financial abilities, to move out of the area, therefore, induces disintegration of existing communities. Thus, to resolve these problems it is necessary to review problems related to the automatic condemnation of urban infrastructure after the completion of urban rearrangement project and find possible alternatives for the private finance initiatives. Following are the results of these reviews:The social necessity of the automatic condemnation of urban infrastructure is well recognized by the public because of its social role and function which need to be managed by pubic authorities. But it causes apparent financial burden for project promoters in providing urban infrastructure. Despite of these circumstances, current statutes related to automatic condemnation of urban infrastructure is not well organized and still cause various field problems. Since private finance initiative utilizes private funds in the provision of urban infrastructure, it ultimately distinguishes people who can use the urban infrastructure and people cannot use the urban infrastructure based on the individual financial ability. Therefore, it is the right time to extend further studies for the promotion of publicness in the provision of urban infrastructure using the private finance initiatives.

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