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Issues and Procedures of the Development Permit System

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 77(), pp.1-27
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Kwang-soo Kim 1

1서강대학교

Accredited

ABSTRACT

The development permit is not only part of the national land planning law called the National Land Planning Act, but it also has various elements that can be called discretionary judgments. In this case, the development permit has a status as a legal act distinctly separated from a building permit or a business permit. It is still called a permit, but the nature of it has elements of behavior that are close to patent, so it is reviewed again to see what a development permit means. If there is a discretionary factor in the development permit, the meaning and the way of controlling it should be examined. The first sentence of Paragraph 1, Article 57 of the National Land Planning Act stipulates, “Any person who intends to conduct a development activity shall submit the application to the development permit authority with the attachment of a plan on the establishment of the infrastructure or securement of necessary lands, risk prevention, prevention of environmental pollution and landscaping work for the development.” Therefore, in order for a permit to be granted for a development activity, the application must comply with the laws and regulations, and at the same time, a plan according to the development activity should be appropriate. This part is judged to be closer to the control of the plan rather than discretionary action. And in practice, much debate is taking place on the issue of licensing permits, which is recognized by statute in accordance with development permits. Licensing permit means the effect of recognizing that the relevant laws and ordinances, such as the Sewerage Act and the Forestry Law, are regarded to have already been obtained with the permission of the National Planning Act, for example, having the advantage of solving civil affairs at one go. However, the timing and the requirements of the licensing permit are causing discussions of issues in practice. There is also a debate about the procedural aspects of development permit together with substantive effects. The development permit is an important tool for the exercise of the property rights of the people and has the nature as an administrative plan for ultimately completing the legislation of land utilization. There are two elements mixed in the development permit such as the administrative act and the administrative plan, and it causes many theoretical and practical issues. This study focuses on this point and suggests that there should be an enhancement in the procedural aspects of the development permit to fulfill its function as a plan. According to the current law, the applicant is required to submit a proposal for the approval of the act, but the response is limited to either giving permission or denying permission with documentation of the reason for refusal. This does not correspond to the status of development permit as a planning permit. In order to evaluate the related benefits of the plan and to make judgement, the administrative office should accept the application and identify the meaning of the plan and establish a passage to make a decision based on it. For example, it can consider giving an opportunity of hearing to the other party or to give the civil applicant the opportunity of participation in the council of the administrative office about the application. And the apparently flawless legal system of licensing permit has produced a lot of practical issues as well. The argument is related to the structure of issuance of development permits, and the issues are caused by the fact that the procedures for administrative planning have not been established. Therefore, it can be considered to introduce a planning process in the long term, and the related procedures should be revised and a method to unify the effect of the agenda and its external appearance should be sought in the short term.

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