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The Promotion Strategy and Legal Issue on Urban Maintenance

  • Public Land Law Review
  • Abbr : KPLLR
  • 2014, 66(), pp.173-201
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Dongsoo Lee 1

1대구가톨릭대학교

Accredited

ABSTRACT

Cities are built for a long period of time. Therefore, it is very common to see deteriorated areas within the cities. In general, these areas requires proper urban rearrangement activities considered appropriate measures of urban planning. In order to revitalize retarded urban function most of cities of the nation have been implemented various types of urban rearrangement projects such as rebuilding, redevelopment, and newtown projects along with the legislation of numbers of urban rearrangement acts. However, most of these urban rearrangement projects were implemented throughout the uniform procedure of demolition-and-redevelopment focused on the provision of new apartments. As a result, the performance of existing urban rearrangement projects was ranked relatively low in terms of resolving conflicting between participants of the projects and rebuilding existing communities after the accomplishment of the projects. Specially, urban rearrangement projects implemented based on the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents have introduced new type of urban problem called as the shortage of urban infrastructure such school, roads, parks and etc. In addition, urban renewal projects implemented based on the Special Act on the Promotion of Urban Renewal have caused abandonment of the projects since the Act regulated that the project implementer covers all the expenses for infrastructures regardless of the project’s financial benefits. For these reasons, currently Seoul Metropolitan government actively proceeds the exit strategies for the urban renewal projects. Recently legislated Special Act on the Promotion of Urban Regeneration and Assistance draws keen attention as an appropriate legal base for the improvement of deteriorated areas within cities because it enables additional support for the deteriorated areas without altering existing urban rearrangement system. However, it is expected that role of Special Act on the Promotion of Urban Regeneration and Assistance in the revitalization of retarded urban function is very limited because of its extraordinary exception articles which exceeds the scope of existing urban planning regulations. Furthermore, these extraordinary exception articles of the Special Act on the Promotion of Urban Regeneration and Assistance cause various problems, such as unsystematic connection, overlapped application, and etc., in the formation of systematic legitimacyBased on these findings this research argues that it is necessary to analyze and arrange problems of existing urban arrangement acts focusing on urban infrastructures for the formation of reasonable systematic legitimacy within the acts.

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