City Research Online

Abstract

Literatures that provide a legal studies-based analysis of the entire framework of Korean planning law are almost impossible to find outside of Korea. As a foundation for non-Korean comparative legal researchers comparing Korea to other countries, the purpose of this paper is to examine and analyse contemporary studies and discussions on the “legal aspect” of Korean planning law systems. This paper provides a comprehensive overview of the foundational structures, concepts, and historical context of Korean planning law. Furthermore, it assesses the current law's features from four distinct points: (a) A decentralised system wherein the central government retains authority over a substantial portion of substantial legislation and can intervene in local planning affairs; (b) The integration of the entire Korean territory into urban plans through the establishment of “special-purpose areas (Yongdojiyeok),” which functions as a variation to the existing plan comparable to use zoning; (c) An abundance of positive laws regulating specific types of development projects and their role as “variances” from the established plan; and (d) Insufficient protection of development rights, which typically requires discretionary approval in most cases despite the satisfaction of the plan's stipulations and content.

Publication Type:	Monograph (Working Paper)
Additional Information:	Copyright, the author, 2023.
Publisher Keywords:	Korean Planning Law, Development Process, Korean Planning Regime, Special-purpose Area, Construction and Urban Development Law
Subjects:	D History General and Old World > DS Asia G Geography. Anthropology. Recreation > GF Human ecology. Anthropogeography H Social Sciences > HD Industries. Land use. Labor J Political Science > JS Local government Municipal government K Law
Departments:	The City Law School > Academic Programmes The City Law School > CLS Working Paper Series

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