@article{ART002745017},
author={Sung-Hoon Kim and Jang Kyo-Sik},
title={Legal Basis on Imposing Development Charges in Innovative City Development Project - On the basis of Supreme Court Decision 2019Du47728 Decided September 3, 2020 -},
journal={Public Land Law Review},
issn={1226-251X},
year={2021},
volume={95},
pages={23-43}
TY - JOUR
AU - Sung-Hoon Kim
AU - Jang Kyo-Sik
TI - Legal Basis on Imposing Development Charges in Innovative City Development Project - On the basis of Supreme Court Decision 2019Du47728 Decided September 3, 2020 -
JO - Public Land Law Review
PY - 2021
VL - 95
IS - null
PB - Korean Public Land Law Association
SP - 23
EP - 43
SN - 1226-251X
AB - In the Innovative City Development Project for balanced national development, developers made astronomical development gains. When the development charges was imposed, developers filed a cancellation suit on the grounds that the Innovative City Development Project was not listed as a project subject to the imposition in the Restitution of Development Gains Act.
The lower court judged that development charges could also be imposed on Innovative City Development Projects as a result of deemed authorization or permission of the Housing Site Development Promotion Act.
On the other hand, the Supreme Court judged that the Innovative City Development Project was subject to the development charges due to the interpretation of the Restitution of Development Gains Act and the Innovative City Act. However, the interpretation of the Supreme Court is problematic because the Innovative City Development Project is not a permission project prescribed in Article 4 [attached Table 1] No. 10 of the Enforcement Decree of the Restitution of Development Gains Act. Therefore, I think the logic of the lower court is more valid.
It can be said that the Supreme Court clearly determined that it is determined individually about the scope of the deemed authorization or permission through the ruling. It has yet to provide that specific criterion of judgement. The same is true of the recently enacted General Act on Public Administration.
In principle, the levy may be imposed on the counted permission projects as a result of the deemed authorization or permission. However, exceptions should be granted if it infringes on specific feasibility or predictability of the people. Therefore, it is reasonable to say that development charges are also imposed on Innovative City Development Projects because the approval of Housing Site Development Project under the Housing Site Development Promotion Act is on the deemed authorization or permission.
KW - development charges;Innovative City;Innovative City Development Project;deemed authorization or permission;counted permission;General Act on Public Administration
DO -
UR -
ER -
Sung-Hoon Kim and Jang Kyo-Sik. (2021). Legal Basis on Imposing Development Charges in Innovative City Development Project - On the basis of Supreme Court Decision 2019Du47728 Decided September 3, 2020 -. Public Land Law Review, 95, 23-43.
Sung-Hoon Kim and Jang Kyo-Sik. 2021, "Legal Basis on Imposing Development Charges in Innovative City Development Project - On the basis of Supreme Court Decision 2019Du47728 Decided September 3, 2020 -", Public Land Law Review, vol.95, pp.23-43.
Sung-Hoon Kim, Jang Kyo-Sik "Legal Basis on Imposing Development Charges in Innovative City Development Project - On the basis of Supreme Court Decision 2019Du47728 Decided September 3, 2020 -" Public Land Law Review 95 pp.23-43 (2021) : 23.
Sung-Hoon Kim, Jang Kyo-Sik. Legal Basis on Imposing Development Charges in Innovative City Development Project - On the basis of Supreme Court Decision 2019Du47728 Decided September 3, 2020 -. 2021; 95 23-43.
Sung-Hoon Kim and Jang Kyo-Sik. "Legal Basis on Imposing Development Charges in Innovative City Development Project - On the basis of Supreme Court Decision 2019Du47728 Decided September 3, 2020 -" Public Land Law Review 95(2021) : 23-43.
Sung-Hoon Kim; Jang Kyo-Sik. Legal Basis on Imposing Development Charges in Innovative City Development Project - On the basis of Supreme Court Decision 2019Du47728 Decided September 3, 2020 -. Public Land Law Review, 95, 23-43.
Sung-Hoon Kim; Jang Kyo-Sik. Legal Basis on Imposing Development Charges in Innovative City Development Project - On the basis of Supreme Court Decision 2019Du47728 Decided September 3, 2020 -. Public Land Law Review. 2021; 95 23-43.
Sung-Hoon Kim, Jang Kyo-Sik. Legal Basis on Imposing Development Charges in Innovative City Development Project - On the basis of Supreme Court Decision 2019Du47728 Decided September 3, 2020 -. 2021; 95 23-43.
Sung-Hoon Kim and Jang Kyo-Sik. "Legal Basis on Imposing Development Charges in Innovative City Development Project - On the basis of Supreme Court Decision 2019Du47728 Decided September 3, 2020 -" Public Land Law Review 95(2021) : 23-43.
