| Title |
Legal Issues and Hurdles of the Permitted Building Uses System in Respond to Gentrification under the District Unit Plan in Korea |
| Authors |
김지엽(Kim, Jee-Yeop) ; 조아라(Cho, A-Ra) |
| Keywords |
젠트리피케이션 ; 지구단위계획 ; 건축물용도 ; 용도제한 ; 용도지역 Gentrification ; District Unit Plan ; Building's Uses ; Permitted Uses ; Zoning |
| Abstract |
This paper seeks to propose improvement schemes for the District Unit Plan to control building's uses in response to gentrification, which shows a characteristic that building uses are changed to franchise or other specific ones beyond the use group under the Building Act. To do this, it analyses the related laws, legal system and cases. The findings of this paper are as follows. First, the District Unit Plan has a separate legal authority to control building's uses, which is different from the usual zoning system. Second, it can adopt designated uses and recommended uses, as well as permitted uses and prohibited uses. However, this paper found that there is a legal limitation on the recommended uses. Third, most importantly, the District Unit Plan has a critical hurdle in that, although it can control the specific uses, it may not continuously enforce the uses once a Certificate of Occupancy is issued. Therefore, the recommended uses system of the District Unit Plan should be improved and the related law needs to be amended to strengthen the enforcement system even after the CO is issued. |