행정계획 법제의 현황에 따른 입법모델의 모색

Abstract

Administrative planning has evolved into a complex field involving multiple stakeholders, notably in areas such as urban planning. Initially, administrative planning referred to administrative subjects proposing matters that were difficult to specify within the confines of the law, which would then be formulated into a plan on a regular cycle. Presently, administrative plans are incorporated into many laws. In certain instances, administrative plans encompass tasks handled by multiple administrative entities. In these cases, opinions are harmonized and integrated through consultations or committee deliberations during the administrative plan's formulation process. To establish an administrative plan, a fact-finding survey of the relevant administrative conditions is conducted to ensure alignment with reality. Additionally, the performance of the administrative plan is evaluated, and feedback is provided to inform the establishment of subsequent administrative plans. Multiple administrative plans pertaining to a specific matter often exist, forming hierarchical relationships or exerting mutual influence on one another. Consequently, establishing relationships between these administrative plans becomes necessary. While urban planning shares some legal characteristics with administrative measures, it can also possess the characteristics of administrative legislation, whereby administrative entities set the direction of administration and conduct operations accordingly. Regarding the nature of administrative legislation, administrative entities are bound by administrative plans, whereas the populace is not legally obligated to adhere to them. However, given the significant impact of administrative plans on the populace, they must be publicly announced upon establishment. All of these considerations must be reflected in the provisions of laws and regulations; however, different laws prescribe these matters differently. Therefore, a legislative model for administrative plans must be developed and utilized.