@article{ART002085064},
author={Kim,Jong Ha and Jae-Ho Kim},
title={The Legislative Evaluation on the Systemicity of the Development Site Supply Regulations for Large-scale Development Projects},
journal={Public Land Law Review},
issn={1226-251X},
year={2016},
volume={73},
number={2},
pages={109-129}
TY - JOUR
AU - Kim,Jong Ha
AU - Jae-Ho Kim
TI - The Legislative Evaluation on the Systemicity of the Development Site Supply Regulations for Large-scale Development Projects
JO - Public Land Law Review
PY - 2016
VL - 73
IS - 2
PB - Korean Public Land Law Association
SP - 109
EP - 129
SN - 1226-251X
AB - A regulation on development site supply specifies the types of the sites to be supplied, and the supply method and price criteria for each type. In other words, the supply methods and price criteria form the most basic and essential portion of a development site supply system. Despite their essential status, most of the acts do not specify the supply methods and price criteria, delegating them to administrative legislations. Moreover, there are multiple acts which do not even contain any delegation provisions regarding price criteria, which constitutes a violation of the principle of legal reservation.
In addition, each act introduces different price criteria for sites supplied for the same purpose, deviating from the systemicity of the legal system, which undermines the people’s understanding and predictability of the enforcement of the law.
Such attitude seems to come from the understanding that a supply contract for development sites is a private contract, and the legal provisions regulating such contract merely provide for fair and objective criteria. However, as preciously discussed, many of such contracts are found to be public contracts upon a closer scrutiny. Therefore, it would be more desirable for the relevant acts to contain provisions specifying the essential matters regarding each standard, so as to ensure the clarity of supply methods and price criteria for development sites.
KW - development site supply criteria;development site supply price;principle of legal reservation;supremacy of law;legitimacy of legal system
DO -
UR -
ER -
Kim,Jong Ha and Jae-Ho Kim. (2016). The Legislative Evaluation on the Systemicity of the Development Site Supply Regulations for Large-scale Development Projects. Public Land Law Review, 73(2), 109-129.
Kim,Jong Ha and Jae-Ho Kim. 2016, "The Legislative Evaluation on the Systemicity of the Development Site Supply Regulations for Large-scale Development Projects", Public Land Law Review, vol.73, no.2 pp.109-129.
Kim,Jong Ha, Jae-Ho Kim "The Legislative Evaluation on the Systemicity of the Development Site Supply Regulations for Large-scale Development Projects" Public Land Law Review 73.2 pp.109-129 (2016) : 109.
Kim,Jong Ha, Jae-Ho Kim. The Legislative Evaluation on the Systemicity of the Development Site Supply Regulations for Large-scale Development Projects. 2016; 73(2), 109-129.
Kim,Jong Ha and Jae-Ho Kim. "The Legislative Evaluation on the Systemicity of the Development Site Supply Regulations for Large-scale Development Projects" Public Land Law Review 73, no.2 (2016) : 109-129.
Kim,Jong Ha; Jae-Ho Kim. The Legislative Evaluation on the Systemicity of the Development Site Supply Regulations for Large-scale Development Projects. Public Land Law Review, 73(2), 109-129.
Kim,Jong Ha; Jae-Ho Kim. The Legislative Evaluation on the Systemicity of the Development Site Supply Regulations for Large-scale Development Projects. Public Land Law Review. 2016; 73(2) 109-129.
Kim,Jong Ha, Jae-Ho Kim. The Legislative Evaluation on the Systemicity of the Development Site Supply Regulations for Large-scale Development Projects. 2016; 73(2), 109-129.
Kim,Jong Ha and Jae-Ho Kim. "The Legislative Evaluation on the Systemicity of the Development Site Supply Regulations for Large-scale Development Projects" Public Land Law Review 73, no.2 (2016) : 109-129.
