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A Study on the Improvement of Residents' Participation in the Establishment of District Unit Plans under the National Land Planning and Utilization Act

  • Public Land Law Review
  • Abbr : KPLLR
  • 2021, 93(), pp.115-139
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : February 1, 2021
  • Accepted : February 22, 2021
  • Published : February 25, 2021

CHOI Yong 1

1김앤장법률사무소

Accredited

ABSTRACT

Residents' participation in administrative affairs means that residents directly or indirectly participate in the government's decision-making process, including central and local governments, from a public interest perspective, affecting the policy process. Since the revival of the local autonomy system in 1991, there have been several prior studies in academia on revitalizing residents' participation. Discussions on the protection of residents' rights and interests have also been continuously held in the process of establishing and determining administrative plans, but unfortunately, the actual participation of residents has not been made. I wants to consider effective measures to enhance residents' participation in the establishment of a small-unit administrative plan, a district unit plan, as part of the search for methodology amid the low participation of residents in administrative planning. In connection with the residents' proposal, I decided to pursue the study with the idea that seeking institutional improvement is a meaningful attempt to revitalize the participation of residents. The analysis of the current status and problems of the district unit plan based on the above research purposes led to the conclusion that the current district unit plan guidelines need to be given external binding force in relation to residents' proposals and regulations to change them. In addition, it was also selected as an important task to prepare controls to prevent arbitrary judgments by administrative entities and to prevent unilateral rejection decisions in the acceptance of residents' proposals. To this end, I proposed a plan to promote, enact, and operate the regulations related to the proposal of residents from the current order to the enforcement ordinance, along with revising the establishment guidelines to extend the deadline for responding to the residents' proposals. Among the establishment guidelines, it is necessary to quickly introduce regulations for verification and evaluation so that administrative entities' feasibility, procedures, and detailed standards for residents' proposals can be objectively operated. Under the establishment guidelines, structural problems that make it virtually difficult to revitalize residents' proposals need to be sought in terms of institutional support measures. To this end, this researcher proposed improvement measures from the institutional perspective of residents' proposals, such as the provision of cost support, regularization of expert assistance, and guaranteeing opportunities for residents to participate in the committee. Through this study, I hope that discussions on revitalizing residents' proposals will be more concrete in the establishment of district unit plans, and that other practical methodologies such as development plans can enhance residents' participation.

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