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A Study on the Establishment of the Legal System for Urban Development Projects to Account for Changes in the Residential Land Supply System

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 75(), pp.197-223
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kim,Jong Ha 1

1목원대학교

Accredited

ABSTRACT

This Study reviews the systemicity of the legal system for urbal development projects relying on expropriation, especially focusing on the Urban Development Act. The Urban Development Act needs to be revised so that it may serve its public purpose, and the revision should be carried out in consideration of the following issues. Firstly, the Urban Development Act is expected to form the foundation for the supply of housing sites. Therefore, the housing site development plans under the Act should be aligned with Urban Development Plans and Comprehensive Housing Plans to ensure their consistency. Secondly, the ratio of the rental housing sites need to be raised, and the criteria for supply prices should be adjusted based on development costs, so as to allow for the cross-support for development gains. In addition, development costs should be calculated in an objective way through the establishment and operation of a review committee for development costs. Thirdly, restriction on resale, etc. of developed sites should be expressly stipulated by the related laws and regulations, to prevent the expropriated lands from being used for speculative investment. Fourthly, to achieve the purpose of the recent revision of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, the legal basis should be established for determining the publicness of projects considered for deemed approval. Also, the detailed criteria should be prescribed by a directive from the Ministry of Land, Infrastructure and Transport and other forms.

Citation status

* References for papers published after 2023 are currently being built.

This paper was written with support from the National Research Foundation of Korea.