정비사업에 있어서 정비기반시설 부담기준에 관한 연구 - 경기도 정비사업 사례를 중심으로 -

Abstract

The purpose of this study is to review 「The guidelines for the unit zoning plan」which is the base of range of infrastructures for local autonomous administrations, and to find the illegality of provision. Based on above problem, this study presents that the central government should amend or legislate the law about infrastructures. This study searches the law and judicial precedents about the contribution system and the gratuitous conveyance of infrastructures, examines the redevelopment project of Segyo-dong and Bijeon-dong in the Pyeongtaek,Gyeong Gi-do. According this study, ①「the guidelines for the unit zoning plan of Gyeong Gi-do」violates the principle of legality on regulation. ② It pulls down the project feasibility to uniformly apply 「the guidelines for the unit zoning plan」to all urban planning projects, including regeneration project. Because of this,it is necessary to pay for losses. ③ To reduce this problem, 「the guideline of regeneration plan」should be legislated.