Abstract
The purpose of this paper is to propose legal and policy enhancements that may prevent the cancellation of the legal force of zoning due to discord with the Korean Land Use Regulation Map (LURM) and secure legal stability. The legal force of zoning has been canceled because of the discordance of the LURM with past cadastral maps, and this has led to confusion regarding zoning decisions and even the postponement and cancellation of public projects. Here, the causes of LURM discordance and legal cancellation of zoning were identified and evaluated through judicial precedents. We found that improper use of data and adoption of tolerance caused the cancellations. To remedy these problems, we suggest the disclosure and application of cadastral computerized data instead of serial cadastral maps during LURM production activities to justify the legal adoption of allowable errors. We also recommend the widespread introduction of legal fiction for the rapid production of digital cadastral maps. Zoning cancellation could be minimized through such enhancements, and the map could allow people to visualize elements more conveniently. Moreover, this study aims to expand relevant legal mapping.
Highlights
Published: 3 March 2021Domestic and foreign researchers have attempted to identify the reciprocal relationships and influences of zoning and zoning maps, which are used to visualize a given area with respect to legal and functional perspectives [1,2,3,4]
This study extends such analysis work and examines the legal characteristics and problems that have been encountered during the implementation of zoning maps through the Korean Land Use Regulation Map (LURM), a type of zoning map in Korea used to construct proposals from legal perspectives
Given that the data are being used in the real-time service Land Use Regulation Information System (LURIS), served by given that the data are being used in the real-time service LURIS, served by the the government to the people, and since more than 90% of the data are being used in regovernment to the people, and since more than 90% of the data are being used in relation lation to property rights, including sales of buildings and land, confirmation of land use to property rights, including sales of buildings and land, confirmation of land use plans, plans, and urban planning, current data must be ensured [20,47]
Summary
Published: 3 March 2021Domestic and foreign researchers have attempted to identify the reciprocal relationships and influences of zoning and zoning maps, which are used to visualize a given area with respect to legal and functional perspectives [1,2,3,4]. It has been further suggested that issues such as discordances due to an overlap of historic and current zoning maps must be alleviated during the preparation process, potentially through technological enhancements [1,2,3,4]. This study extends such analysis work and examines the legal characteristics and problems that have been encountered during the implementation of zoning maps through the Korean Land Use Regulation Map (LURM), a type of zoning map in Korea used to construct proposals from legal perspectives.
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