우리나라 행정계획 및 관련 법제의 쟁점과 몇 가지 개선방안

Abstract

Administration in modern countries is largely comprised of planned administration, and administrative planning is a key means of so-called ‘infrastructural administration’ and the cornerstone of state activities in a country ruled by law. In general, administrative planning has a wide range of autonomy in selecting the means to achieve its goals, and legislatively, administrative planning laws and regulations require the relevant administrative agencies to select the means due to the need for technical expertise, responsiveness, and flexibility. There is no choice but to grant broad discretion. For that reason, the Administrative Planning Act is inevitably governed by a purpose-and-means structure, so prior regulation through legislation is bound to be insufficient, and there are certain limitations in judicial control ex post by the courts, etc. Nevertheless, as we enter the era of the 4th Industrial Revolution, the administrative planning legislation must be based on the momentum of ‘sustainable development and harmony with the social and natural environment.’ In order for the administrative planning legislation to respond to the era of the 4th Industrial Revolution, the use of spatial information, national land monitoring system, smart Although communities, etc. are being introduced, if we follow the national strategy of a leading economy or inclusive society that our country should pursue in the future, the Administrative Planning Act will enable more detailed, efficient, and sustainable management than large-scale development projects such as the conventional catch-up economy. There is a need to establish and implement. Meanwhile, appropriate control measures for these administrative planning laws and administrative plans must be prepared, and in order to achieve appropriate judicial control over administrative plans, it is necessary to construct planning-specific control laws. In this regard, the formation of legal principles such as the expansion of the disposition of plans, planning discretion theory, sentencing order theory and sentencing defect theory, preventive prohibition lawsuits, planning guarantees, and guarantees of abolition claims can be evaluated as a great development in administrative law theory. It is significant that participatory democratic prior control should be implemented from the plan confirmation stage before legal control is confirmed.