공공기여 개념 정립에 관한 고찰

Abstract

In accordance with the revision of the National Territory Planning Act in 2021, Article 52-2 “Expenses for Installation of Public Facilities” was newly established, which is evaluated as providing a legal basis for public contribution. However, in the past, it was mainly understood as free transfer, contributed acceptance or the goal of contributed acceptance or the recovery of development profits by providing development benefits to the public itself has been recognized as a public contribution, As a result of comparing it with existing systems that have been used as a means of securing publicity, It is judged that the obligation to install public facilities, etc. under Article 52-2 does not include all existing concepts of public contribution. This clause includes development gains and planned gains on land value increases due to changes in district unit plans and in that it is implemented in the form of contributed acceptance, so It may be evaluated as including all the conventional concepts of public contribution. But since it was revised for the purpose of resolving long-term unexecuted urban planning facilities and supplying public rental housing, it is desirable to understand that existing means of securing publicity have been added. Therefore, through the systems used as a means of realizing public contribution, this study suggested the need to expand the concept of public contribution by pointing out the ambiguous concept of public contribution, which is the ultimate purpose of the system in the process of securing publicity, and limitations in the realization of public contribution due to this. However, as the concept of public contribution expands, various means may be repeatedly and indiscriminately overused in the name of securing publicity, so a basic legal basis covering the concept of public contribution in a broad sense should be prepared, and establishing a long-term plan for organic operation and procedures should be considered.