수도권 정비계획에 관한 법적 검토

Abstract

The Metropolitan Area Readjustment Planning Act is criticized for penalizing local governments in the Seoul metropolitan area, such as hindering regional development and reducing local taxes, compared to local governments in the non-metropolitan area. Under the Seoul Metropolitan Area Readjustment Planning Act, restrictions on various activities in the area limit regional development projects by local governments in the area, so procedural legitimacy is a question in designating the area. In particular, the total amount regulation on the establishment or expansion of population-intensive facilities such as factories and schools restricts the activities of companies wishing to enter the Seoul metropolitan area, and makes it difficult for local governments to establish or expand factories and schools in the region.
 The Administrative Planning Act refers to administrative regulations that stipulate administrative plans as a means to achieve administrative objectives, including the former Comprehensive National Land Construction Planning Act, the Framework Act on National Land Planning and Use, and the Metropolitan Area Readjustment Planning Act. These administrative plans prescribed by the Administrative Planning Act have a system of upper and lower plans, and this paper examines the status of the metropolitan area maintenance plan within this administrative planning law system, derives problems through legal evaluation of the division of areas, restrictions on activities in overcrowded control areas, growth management areas, and natural environment conservation areas, and suggests improvement measures.