건설분야 법령에 있어서의 위임입법의 이론과 실제

The administration tends not to include delicate matters which are influenced by public opinion in a bill for passing one by the National Assembly. The National Assembly may purposely delegate politically sensitive matters to presidential decrees. Thus, we should keep our mind on the limitation of delegated legislation. Much attention should be paid since there are a number of laws and regulations which constraint citizens’ property rights in the area of construction. Comprehensive delegation issue may be resolved in cases of the range of acts requiring permission within the urban planning district, the restriction on construction within the specific-use area, the restriction on land use within the green belt, the minor alteration of urban planning, the type of park facilities, the applicable provisions of housing price control, the standards of real estate brokerage fee, the calculation method of development charge, the allotted charges for traffic safety, the attribution ground of neglected things on the roads, the range of application mutatis mutandis of the Road Act, and etc. Fortunately, many provisions which were suspicious of comprehensive delegation or had no grounds of delegation have been amended. However, if the more strict standards is applied, quite a few provisions which are not free of comprehensive delegation may still be found.