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Planing supremacy of Local Governments and Balanced Development of the Land of the Nation

  • Public Land Law Review
  • Abbr : KPLLR
  • 2018, 84(), pp.55-76
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : October 31, 2018
  • Accepted : November 22, 2018

JEONG HOON 1

1전남대학교

Accredited

ABSTRACT

For Balanced Development of the Land of the Nation, a strengthening of each regional ability is essential and fundamental. Local Governments must hold a planing supremacy that is necessary to formulation plans to enable to solve a regional problem, to organize and push a regional project in their own jurisdictions. A planing supremacy means a binding authority that local governments formulate and excute a plan autonomously within autonomy and higher-level plan in order to formulate an order of space of jurisdiction. A planing supremacy could be approved through interpretaion of Article 9 「Local Autonomy Act」, although 「National Land Planning and Utilization Act」 don’t provide expressly. Namely, local government must hold authority of formulation plans concerning affairs under their jurisdiction in accordance with Article 9 「Local Autonomy Act」. In order to strengthen planing supremacy, relaxing of approval and determination, corresponding with higher-level plan or other plans is desirable. Meanwhile, as regards Formulation of Urban or Gun Management Plans and Determination of Urban or Gun Management Plans, treatingt the head of Borough differently from the head of City or County is not because nature or contents of plan is differen, but rather is because Borough in metropolitan council is unlike City or County in the light of background of Borough. Furthermore, it is one reason that in case of Borough, Necessity of Formulation Plans is less than City or County. Finally, about plan other space plan, planing supremacy of Local Government should be strengthend because planing supremacy of Local Government is less conflict with higher-level plan or other plans.

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