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Urban Planning and Planning Power of Local Governments

  • Public Land Law Review
  • Abbr : KPLLR
  • 2021, 96(), pp.1-42
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : October 31, 2021
  • Accepted : November 22, 2021
  • Published : November 25, 2021

Kim, Sung-Bae 1

1국민대학교

Accredited

ABSTRACT

In analyzing the realization of local autonomy in spatial planning, the authority to investigate, prepare and establish a spatial plan related to the area of ​​local government (①planning authority), and to provide stakeholders such as residents for the established plan. Whether the authority to verify, control, and confirm interests (②confirmation or decision authority) and the procedural authority to participate in the planning process related to or included in one’s autonomous area are guaranteed (③authority to participate), furthermore, conflicts It will be necessary to determine whether the authority to cooperate with, negotiate, and coordinate with independent local governments (④mediation authority) is granted. If it is called a local government and the authority of ① to ④ is not granted, it should be judged that the planning right of the local government is essentially infringed. Since the most essential authority among the rights of ①∼④ is the authority of ②, if the ② authority is not granted, the infringement of the planning authority is highly suspected, and it is necessary to determine whether the other authority is intrinsically violated depending on whether and to what extent it is granted. Currently, most of the spatial planning related laws have a dual committee system as a way to guarantee local autonomy or to increase the participation of experts. However, if the composition of the Central Committee itself does not have any democratic legitimacy or representation and it is structured and operated by the discretionary judgment of the executives and heads of the competent central administrative agencies, it will only play the role of formal participation and formal justification. While discussing local autonomy, autonomy is mainly explained by traditional administrative classifications such as organization, finance, and personnel. It is an essential administrative action that accompanies the government, and the modern meaning of administrative planning is not only to combine purposes and means, but also to communicate with residents and coordinate stakeholders through participation in the planning process. In spatial planning, the planning authority of a local government requires not only the establishment and confirmation (decision) of the plan, but also the procedural guarantee that it can participate in the establishment of other plans closely connected with the local government. It is true that the planning authority of local governments has been gradually expanded and guaranteed in the field of urban planning. But it is still lacking. One of the common features found in the current spatial plans in Korea is that the city planning authority is not guaranteed at all in the case of autonomous districts and counties within metropolitan areas. If the process of establishing a plan and the process of deliberation and finalization of the plan can be separated, it would be desirable from the level of horizontal separation of powers or inspection to separate the establishment subject. Establishing a spatial plan is a task that requires effort and time for practical data collection and data comparison to collect numerous related data, evaluate interests, and predict the future. It is more efficient to do it, but it is preferable to check and confirm the drafting plan through the process of democratic legitimacy and interest adjustment based on the representation of the residents at the local council, the legislative body of the local government. The composition of the expert group that plays a role is composed of various forms for each local government, but it is necessary for the state to prepare certain directions and guidelines. A mechanism should be provided to smoothly resolve disputes between local governments or between local governments and central administrative agencies and to prevent them in advance in cases where the eligibility for plaintiffs in administrative litigation of local governments is generally denied.

Citation status

* References for papers published after 2022 are currently being built.