Earticle

초록

영어

Arguments for improving the lag behind urban including the area north of the Han river begin with designation of New Town and establishment of ‘Seoul City’s balanced development support ordinance’. After that time for improving the area north of the Han river ‘Special Act on Urban Improvement Promotion’ was established and took effect on July, 2006. But now, it is indifferent to people. This shows that Special Act on Urban Improvement Promotion functions contrary to expectations.Before Establishment of Special Act on Urban Improvement Promotion, there are many problems in areas designated as New Town: rising of land price, division of land and buildings, absence of restitution of development gains, conflicts of residents, absence of development measure. To solve this problems and develop the area north of the Han river, Special Act on Urban Improvement Promotion was established, but it doesn’t meet the anticipations. Furthermore, many limitations are disclosed.The grave issues in legislating process are necessity of great-sphere development, application of the act, constitution of the act, choice of main measure and development subject. The ministry of construction and transportation, the Seoul City, the national assembly had a different view about that. As a result, Special Act is legislated according to proposal of the ministry of construction and transportation, however those issues is still under discussions. The exclusion of urban development, reconstruction and the private subject, the absence of regulation regarding maintained areas are also seen as barrier to Special Act application.

목차

Ⅰ. 서론 ― 강북개발과 뉴타운 지정
  1. 강북개발 논의의 출발점
  2. 서울시 뉴타운의 현황
  3. 특별법 제정전 뉴타운의 법적 문제상황
 Ⅱ. 특별법 제정전 기존법과 뉴타운사업의 한계
  1. 주민재정착의 요청
  2. 도시정비법의 한계
  3. 도시개발법의 한계
 Ⅲ. 재정비특별법의 제정과정
  1. 관망시기
  2. 국회 ― 균형발전의원모임
  3. 건설교통부의 반발
  4. 서울시의 법률안
  5. 3법의 타협 - 건교부 안으로 통합
 Ⅳ. 특별법의 제정상의 주요쟁점
  1. 광역개발
  2. 법률의 적용범위
  3. 준용법과 완결법
  4. 주된 사업수단
  5. 사업시행자
 Ⅴ. 재정비특별법의 법적 한계
  1. 법의 제정목적과 적용범위의 혼동
  2. 불충분한 준용법
  3. 도시개발사업과 재건축사업의 배제
  4. 공공기관 중심의 사업시행
  5. 민간사업자의 배제
  6. 존치지역의 공백
 Ⅵ. 재정비촉진지구의 지정과 향후 전망
 abstract

키워드

저자

• 김종보 [ Kim, Jong Bo | 법학박사, 중앙대학교 법과대학 부교수, (사)한국도시개발연구포럼 공동대표 ]

참고문헌

발행기관

간행물

표지보기 관심저널 등록

• 간행물명

  土地補償法硏究 [토지보상법연구]

• 간기

  연간

• pISSN

  1976-5150

• 수록기간

  2001~2024

• 십진분류

  KDC 363 DDC 340