장기미집행 공원 문제 해결 방안에 관한 비교법적 연구

Abstract

Urban parks are facilities that play an important role, such as providing space for residents in urban areas to engage in social and cultural activities and providing emotional stability. In particular, since it provides green area in urban areas, the importance of urban parks is further emphasized at a time when interest in the environment is high like these days. Urban parks, which play an important role in urban areas, have only confirmed the site of urban parks and have not been constructed as urban parks for a long time. In particular, if the urban park site is private land, the problem of infringement of property rights occurred because the landowner could not perform all development activities. Invalidation of Determination of Urban or Gun Planning Facilities was introduced in July 2000 to solve the problem of property rights infringement in long-term unexecuted park areas. Invalidation of Determination of Urban or Gun Planning Facilities means a system in which a Determination of Urban or Gun Planning Facilities becomes invalid if an urban park site has not been constructed as an urban park for 20 years. Since this legal system has been subject to effective not only private land but also national and public land, the area of urban parks is on the verge of seriously decreasing. To solve this problems, Act On Urban Parks and Green Area and the National Land Planning and Utilization Act were revised to preserve urban parks by introducing Special Cases concerning Developing Activities in Sites for Urban Parks in which the private sector participates in the construction of urban parks and Designation of Urban Natural Park Zones. Despite these efforts, the site area, which is a long-term unexecuted park, reaches 403.9㎢ nationwide, so it is necessary to solve the problem of long-term unexecuted urban parks. However, the finances of local governments are insufficient to turn long-term unexecuted urban parks into urban parks. Therefore, it is necessary to introduce a legal system that allows private sector can construct and manage urban parks with private capital. In order to introduce a system in which private sector can construct and manage urban parks more actively, Park-PFI in Japan is compared. Park-PFI is a legal system prescribed by the Act on Urban Parks in Japan that openly recruits private sector to construct and manage profitable facilities such as restaurants and stores in urban parks and constructs and manages facilities that cannot be profitable. Park-PFI can effective in solving the problem of long-term unexecuted parks by reducing the financial burden of local governments by participating in the creation and management of urban parks. To solve problem about long-term unexecuted urban parks, the writter suggests to compare Korea's urban park legal system with Japan's Park-PFI, derive implications, and present measures suitable for solving long-term unexecuted urban parks.