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A Study on the Legal Limit of the Function of Committee in Planning Administration

  • Public Land Law Review
  • Abbr : KPLLR
  • 2015, 68(), pp.135-160
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Han Sang Hoon 1

1중원대학교

Accredited

ABSTRACT

As the importance of administration planning is growing in modern administration field, elements of the principle of constitutional state made by the predictability of administrative operation such as legal stability and principle of protecting confidence are receiving great concern. In general, administration authorities have discretion of planning over the judgement of planning issues and the existence of administration planning enlarges the authorities’ discretion of administration and justifies the implementation of the discretion. Based on theses circumstances planning activities of administration authorities increased dramatically recently along with the growing importance of planning in modern society. As the consequences of these changes, it is expected that cases of administration executed by planning are increasing sharply comparing to the cases of administration executed by legal regulation in the near future. Therefore, in order to sustain legal stability and principle of protecting confidence made by the predictability of administrative operation it is necessary to have special concern for the preparation of adequate judicial control over the discretion of planning. Urban planning committee works not only as a consultative body but also as a deliberative body regarding to urban planning. At the early years of introducing the urban planning committee in urban planning, the committee used to work for providing professional opinions for the governor of its authority as a consultative body but the committee’s role has been diversified including the survey, research, planing for urban plan, and direction for urban plan. Within the same period the influence of urban planning committee over the decision-making authority given to the governors of local towns continuously growing and it becomes in a critical status today. For instance problems of local urban planning committee such as committee members’ corruption, appointing deprofessionalized committee member, excluding proper participation of citizen, and a closed meeting of the committee cause various civil complaints against the administration planning for urban plan. However adequate judicial control over the discretion of planning given to the committee has not been prepared. Based on these situations Korean government recently introduced Guideline for the Operation of Local Urban Planning Committee and this study reviews the guideline based on the principle of planning control and principle of constitutional state examined in above. Finally this study provides some recommendations for rational amending of the guideline in terms of the perspectives of legal limit of the function of committee in planning administration.

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