도시개발사업의 공공성 판단에 관한 연구

Abstract

Urban development aims to contribute promoting public welfare and healthy growth of the city. In order to implement urban development it is necessary to set the legal structure for the development. Urban Development Act is considered as a basic law for urban development projects. The most outstanding achievement of the law was the introduction of private urban development project to provide large scale urban residential land within very short period. However, because of the case of speculation in real estate by the employee of LH and Dae Jang Dong urban development project social suspicion about the publicity of urban development project has been soared. The publicity of urban development is verified by project approval. But current Land Compensation Act stipulates that the project that an accept or use land etc. has to conform to the projects listed on the Appendix under Article 4 paragraph 8 of the Act. This study shows that French and Japan also maintaining Project Approval but Project deemed Project Approval. In addition this study confirms that Project deemed Project Approval may deteriorate the performance of publicity of public interest project and it is necessary to regulate the unbalance between Project Approval and Project deemed Project Approval in the current the Land Compensation Act.