@article{ART002558760},
author={Seung Pil Choi},
title={Legal review of the Impact Assessment on the Environment, Disaster and Traffic Related to Urban Development},
journal={Public Land Law Review},
issn={1226-251X},
year={2020},
volume={89},
pages={1-28}
TY - JOUR
AU - Seung Pil Choi
TI - Legal review of the Impact Assessment on the Environment, Disaster and Traffic Related to Urban Development
JO - Public Land Law Review
PY - 2020
VL - 89
IS - null
PB - Korean Public Land Law Association
SP - 1
EP - 28
SN - 1226-251X
AB - Factors that need to be considered in urban development include environment, disaster and traffic. Therefore, it is essential to evaluate these 3 factors in order to pursue urban development project because of the need to establish sustainable cities rather than short-term development.
Environmental impact assessment functions to prevent environmental infringements in advance and resolves conflicts in the development process. Environmental impact assessment is divided into strategic environmental impact assessment and environmental impact assessment depending on the stage of development. While the former is the stage of establishing the plan while the latter is necessary in the specific development stage. In addition, there is a small scale environmental impact assessment to be executed as need arises.
Although there are precedents on whether the approval of the development project can be cancelled if there is a defect in the environmental impact assessment, it is difficult to view it as having fully utilized the intent of the environmental impact assessment system. The precedent views the project approval that has not undergone environmental impact assessment at all as being invalid and that has not undergone some of the assessment procedures as being cancelled. As such, it does not necessarily determine the assessment that has been made but with poor contents of assessment as being illegal and leaves room for different decisions in accordance with the given situations.
Assessment of disaster impact is similar to the environmental impact assessment in its structure. The obligation of the government under the constitution to protect the lives and safety of the public has been projected onto the assessment of disaster impact. Projects subjected to the assessment of disaster impact include development of national land and cities, establishment of industrial estates, energy development, construction of traffic facilities, use and development of rivers, and development of water and maritime resources, etc. In order to execute the assessment of disaster impact, it is necessary to hold discussions with the Ministry of Public Administration & Security in charge of the prevention of disasters. However, there is a need to fortify control at the stage prior to the approval of the plans for projects since the ex post facto sanctions in the event of an infringement of the details discussed are in fact not effective and practical. As the prevention of disaster is becoming increasingly more important, assessment of the impact should be simplified with a focus on core issues while there is a need to fortify the binding force on the issues discussed.
Assessment of traffic impact is executed under the presumption of urban development. It is also similar to the environmental impact assessment in its structure. From the perspective that there is almost no formation of precedent on the assessment of traffic impact itself, the position of the precedent on the environmental impact assessment becomes the reference for the decision to be made. In the case of the assessment of traffic impact, illegality thereof is determined according to the extent of its insufficiency. It is difficult to invalidate the approval given with the condition to undergo the assessment of traffic impact in the event of failure thereof as a matter of fact. As such, whether the impact assessment should be re-executed will be decided depending on the floor area in the event of expanding the existing building.
Assessment of the impacts of environment, disaster and traffic is an essential element of sustainable development of national land and cities. However, there is a need for utilization of a scoping system with consideration of the characteristics of individual development projects from the perspective that a lot of time is required.
KW - urban development;impact assessment;environment;disaster;traffic;defect of impact assessment;approval of the development project;sustainable development
DO -
UR -
ER -
Seung Pil Choi. (2020). Legal review of the Impact Assessment on the Environment, Disaster and Traffic Related to Urban Development. Public Land Law Review, 89, 1-28.
Seung Pil Choi. 2020, "Legal review of the Impact Assessment on the Environment, Disaster and Traffic Related to Urban Development", Public Land Law Review, vol.89, pp.1-28.
Seung Pil Choi "Legal review of the Impact Assessment on the Environment, Disaster and Traffic Related to Urban Development" Public Land Law Review 89 pp.1-28 (2020) : 1.
Seung Pil Choi. Legal review of the Impact Assessment on the Environment, Disaster and Traffic Related to Urban Development. 2020; 89 1-28.
Seung Pil Choi. "Legal review of the Impact Assessment on the Environment, Disaster and Traffic Related to Urban Development" Public Land Law Review 89(2020) : 1-28.
Seung Pil Choi. Legal review of the Impact Assessment on the Environment, Disaster and Traffic Related to Urban Development. Public Land Law Review, 89, 1-28.
Seung Pil Choi. Legal review of the Impact Assessment on the Environment, Disaster and Traffic Related to Urban Development. Public Land Law Review. 2020; 89 1-28.
Seung Pil Choi. Legal review of the Impact Assessment on the Environment, Disaster and Traffic Related to Urban Development. 2020; 89 1-28.
Seung Pil Choi. "Legal review of the Impact Assessment on the Environment, Disaster and Traffic Related to Urban Development" Public Land Law Review 89(2020) : 1-28.
