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Balanced development of (authorization and permission) local authority - Focusing on urban development -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2018, 83(), pp.25-40
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 30, 2018
  • Accepted : August 20, 2018

SUNG, JOONG TAK 1

1경북대학교

Accredited

ABSTRACT

Since the 1990s, as the era of local autonomy has arrived, local transfer of various licensing rights has begun to be discussed and some progress has been made. However, it is true that, in the case of large-scale development projects, local autonomous entities have only a subordinate status in exercising authority under the framework proposed by the state. Since the primary responsibility for the long-term development of the region lies with the local government, the related development rights need to be transferred to the local government. However, it is not the end of all the problem that the municipalities are simply transferring the plan rights and licenses to the development projects. The local government should respect the will of the local residents and guarantee their property rights as much as possible so that mutual consensus can be formed and coexisted. In this respect, unlike state-led development, the development of local autonomous entities should further stimulate the participation of residents. Furthermore, it is necessary to devise a development method of various techniques that satisfy both the rights of the residents and the guarantee of the profit of the private operators, so that the local governments, local residents, and private businesses can share the benefits of the development projects. Here, local governments should play a role of controlling mutual conflict in the midst of residents and private businesses. In the end, if the central government focuses on improving the national competitiveness, and local governments should improve the quality of life and the quality of life of local residents, it should be the foundation of local autonomy. Local autonomy without financial decentralization is inevitably limited. In order to realize a true local autonomy in which the whole country, such as the metropolitan area, local metropolitan cities, small towns, and rural areas, develops in a balance.

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