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A study of enactment of the Framework Act on Living Infrastructure Policy

  • Public Land Law Review
  • Abbr : KPLLR
  • 2019, 86(), pp.173-192
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : April 30, 2019
  • Accepted : May 16, 2019
  • Published : May 31, 2019

Hong, Sung-Jin 1

1대한건설정책연구원

Accredited

ABSTRACT

The paradigm of infrastructure is changing. It is currently using infrastructure in social overhead capital in general and is expanding a concept of living infrastructure that its policy targets to focuses on not just facilities but people such as leisure, health, safety, environment and establishes virtuous circle structure such as job and regional economic development. The living infrastructure performs functions such as improving the quality of people’s lives, improving the quality of living safety and environment, creating regional jobs and revitalizing the local economy. However, there is a lot of controversy over the differentiation from existing infrastructure investments, lack of legislation system and space necessary for living infrastructure policy implementation, and exemption of preliminary feasibility surveys under the “National Finance Act”. In order to ensure the continuity, consistency, and stability of policy in the modern society of the rule of law, the law must be enacted that to present the vision and philosophy of the policy, to integrate and systematize the relevant legislation, and to include the system to realize the policy. Therefore, it is necessary to enact the “Framework Act on Living Infrastructure Policy”(tentative name), and the following should be legislated: The General Provisions should define the definition of living infrastructure, present policy objectives or ideals, and systematize relations with other laws. In each case, policy formulation and promotion system should be established for the mid-and long-term development direction of the living infrastructure policy. In addition, since the living infrastructure policy can secure the effectiveness by securing the site, it is necessary to apply the provisions of the Urban or Gun planning facilities under “National Land Planning And Utilization Act” and the provisions of authorization or permission of Unoccupied house improvement projects under “Act on Special cases concerning Unoccupied house or Small-scale housing Improvement”. In this case, the project implementer of the living infrastructure shall define the constructor under the “Framework Act on the Construction Industry” and look for ways to prefer specialized construction business. Furthermore, the legalization of grants or subsidy to local governments of the state should be made in order to secure funds.

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