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A Study on Devolution of Power of the Formulation of Rearrangement Plans and the Designation of Rearrangement Zones in Urban Rearrangement Act

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 75(), pp.225-243
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Yongjeon Choi 1

1단국대학교

Accredited

ABSTRACT

When the Act on the Maintenance and Improvement of Urban areas and dwelling conditions for residents(hereinafter referred to as “the Urban Rearrangement Act”) was amended in 2016, the power of the designation of rearrangement zones was devoluted to the head of a Si/Gun except the head of an autonomous Gu and Gun located in the jurisdictions of a metropolitan city(hereinafter referred to as “the metropolitan city’s Gun). This would infringe the plan sovereignty of basic local goverment because the rerrangement affairs is autonomous’s and basic local government’s affairs. Therefore, I will analyze the plan sovereignty on the Constitution, the Local Autonomy Law(Ⅱ), the National Land Planning and Utilization Act and the Urban Rearrangement Act(Ⅲ). And I conclude that the head of autonomous Gu and metropolitan city’s Gun shall have the power of designation of rearrangement zones in the side of legal and theoretical aspects(Ⅳ).

Citation status

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