ScholarWorks@숙명여자대학교

초록

It is very necessary for the development and future of the national land planning legislation to understand its status and situation. The planning legislation system of the East Asian countries has a shorter history than the developed countries and the development of the legal system is stagnated. This paper examines the development of the planning law system in East Asia and looks for directions and improvement plans for the national land planning legislation in the future. It is important to understand the status and situation of the Korean land system legislation by comparing and studying the land planning system in East Asia. There are some harmony and unification among the East Asian countries regarding the system and form of the national land planning legislation. In particular, Japan has long accepted the theories of European countries and acknowledged the special legal principles of the planning law. For example, the nature of planning discretion and procedural control over administrative planning. However, there are still insufficient principle of balancing (Abwägungsgebot) and substantial illegality standards of land planning. Korea has taken a more advanced position, but in some cases it has applied sometimes excessive jurisprudence in the case of the principle of balancing or a right to change the land planning. Discussions about planning legislation should not be limited to local problems, but should be developed into blueprints for the East Asian communities. The development and trends of planning law in East Asian countries can be a great help in conceiving the future of urban planning. As such, the European (Union) level spatial plan is worthy of reference. Korea-China-Japan East Asia countries should actively promote international cooperation for future national land planning and urban development, including prevention of climate change. Faced with the special circumstances of the north and south division, Korea needs to pay attention to the national land planning legislation after unification. It is not easy to enact the legislation integrated in the area of the national land planning law, and it is desirable to consider the way of arranging the progress rule of the Korean land planning system. Besides, the national planning law faces new challenges such as climate change and the development of ICT technology. Future-oriented planning legislation that can respond effectively to the pending issues and challenges accompanied by these new challenges is required.

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