| Title |
The Definition and Legal Issues of the Public Contributions as Exactions in Return for Rezoning in Seoul |
| Authors |
김지엽(Kim, Jee-Yeop) ; 남진(Nam, Jin) ; 홍미영(Hong, mi-young) |
| Keywords |
공공기여 ; 기부채납 ; 사전협상제도 ; 용도지역제 ; 기반시설 ; 계획이득 Exactions ; Dedication ; Rezoning ; Zoning ; Infrastructure ; Planning Gains |
| Abstract |
This paper seeks the major limitations and issues of public contributions as exactions in return for rezoning in Seoul and to propose schemes for improving the system. To do this, the paper analyzed related laws and legal theories on exactions in Korea. The results of this paper are as follows. First, the term public contribution should include all ways of sharing planning gains through the rezoning process, including not only dedications but also just providing public facilities without transferring the ownership to the city. Most of all, it needs a strong legal basis under the highest level of Korean law. Second, it has functional, spatial limits because it works as an exaction. Thus, it should expand the functional, spatial scope by enacting a law that will treat public contributions not just as exactions. Third, the fee in lieu of infrastructure has no legal basis, which may result in legal disputes. Therefore, the legal foundation for the fee should be established. |