Study on the City Redevelopment Legislative Modularization in Korea
- Title
- Study on the City Redevelopment Legislative Modularization in Korea
- Alternative Title
- Study on the City Redevelopment Legislative Modularization in Korea
- Author(s)
- 박광동
- Publication Year
- 2016
- ISBN
- 9788966846931
- Publisher
- 한국법제연구원
- Keyword
- Urban Redevelopment Legislation; Urban Renewal Projects; Modularization of Urban Redevelopment
- Type
- Research Report
- Series/no
- 법제교류연구, 16-18-13
- Language
- eng
- Extent
- 115
- URI
- https://www.klri.re.kr:9443/handle/2017.oak/4644
- Abstract
- Ⅰ. Background and Purpose
□ Since Korea has undergone big changes in its cities, such as the massive population transfer and destruction of urban facilities due to the division between South and North Korea as well as the Korean War, there was a need to improve the underdeveloped urban areas.
□ Thus, the urban redevelopment legislations, such as the ‘Urban Planning Act’, the’ Urban Redevelopment Act’ and the ‘Act on The Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents’, etc. were enacted after the 1960’s.
□ The development experience of the urban redevelopment legislations will contribute to the development of foreign cities in the future since deterioration of existing cities is not a unique situation that can only occur in Korea.
□ The purpose of this study is to establish a modularization plan to suggest a legislative system that improves the cities by informing to the target countries about the development experience of the urban redevelopment legislations and reducing the error in the redevelopment of foreign cities.
Ⅱ. Major Contents
□ This study reviewed the scope and necessity of urban redevelopment projects through the theoretical review of urban redevelopment and urban redevelopment legislations, and examined the purpose of urban redevelopment projects through the enactment and revision of urban redevelopment legislations.
○ Urban redevelopment is defined as the process of restoring the economic, social and physical degradation of the city by indirect or indirect intervention of the government where the market power is not sufficient.
○ The purpose of the urban redevelopment projects is to expand the infrastructure of a city centered on the public sector in the target area that endures a harsh environment, to develop a large-scale poor residential area, and to transform the area into a residential area in which the original residents can resettle.
○ Urban redevelopment is necessary for the revitalization and development of an urban environment, the improvement of supply process facilities and public facilities, the formation of social communities, and urban redevelopment projects.
○ Since the enactment of the Urban Planning Act which was the first modern law in Korea, the ‘Urban Redevelopment Act’, the ‘Act on the Temporary Measures for Improvement of Dwelling Conditions of Low-income Urban Residents’, and the ‘Act on The Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents’, etc. were enacted and revised in order to minimize the adverse effects of the projects.
□ This study reviews the history of the urban redevelopment legislations and the promoting method of the urban redevelopment projects defined by social and economic changes of the times.
○ In the period of the 1960’s ~ the 1979’s, the state-led redevelopment was enforced by pursuing the public interest, but during the 1980’s, the joint redevelopment method was promoted through the privatization led by the private sector.
○ In the period of the 1990’s ~ 2000’s, the public redevelopment was enforced to improve the residential environment emphasized on residence rights of the residents. After the 2000’s, a comprehensive redevelopment was promoted in physical, social, cultural and economic factors. These sections are based on the participation of the residents.
□ Urban redevelopment legislations are implemented on the basis of the ‘Constitution’, the ‘Framework Act on the National Land’, and the ‘National Land Planning and Utilization Act’. In addition, each relevant legislation was enacted or revised in order to improve the imperfections of the urban redevelopment projects of the times.
□ In particular, this study researches the background and main contents of the ‘Act on The Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents’, the ‘Special act on the promotion of urban renewal’, and the ‘Special Act on the Urban Regeneration revitalization and support’, which are the direct institutional basis of the urban redevelopment projects, as well as compensation and speculation control policies.
□ Lastly, the major contents of the urban redevelopment legislations were modularized by dividing the development experiences of the urban redevelopment legislations by age, cultural background and year.
Ⅲ. Expected Effects
□ This study acts as a helpful tool for countries which need to redevelop their cities by modularizing the development experience of the Korean urban redevelopment legislations.
□ In addition to this, by sharing the development experience of the urban redevelopment legislations to a recipient country, this study may act as a guideline for urban redevelopment projects that are designed to reduce similar errors. Also, this study will help such projects to be implemented more efficiently.
- Table Of Contents
- Chapter 1. Introduction 13
Section 1. Need and Purpose of The Study 13
Section 2. Scope of The Study 15
Chapter 2. Overview of Urban Redevelopment Legislation 17
Section 1. Overview of Urban Redevelopment 17
Section 2. Urban Redevelopment Legislations in Accordance with The Socio-Economic Changes 30
Chapter 3. Development Process of Urban Redevelopment Legislations 35
Section 1. Changes of The Redevelopment Legislations Under Public Law 35
Section 2. Legislative Intent and Contents of the Urban Redevelopment Legislations 38
Chapter 4. Analysis of The Relevant Redevelopment Legislation 51
Section 1. Act on The Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents 51
Section 2. Special Act on The Promotion of Urban Renewal 66
Section 3. Special Act on Urban Regeneration Revitalization and Support 75
Section 4. Compensation legislations and Speculation Control Policies in Urban Redevelopment 80
Chapter 5. Modularization of Developed Experience Regarding Urban Redevelopment Legislation 93
Section 1. Urban Redevelopment Legislation by Historical and Cultural Background 93
Section 2. Urban Redevelopment Legislation by Year 99
Section 3. Conclusion 110
References 111
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