민간제안형 도시개발사업에 대한 사업인정 의제의 법적고찰

The effect of the massive development project allowed to the private sector can reduce the externalities of the Korean Government to some degree and be of service to the community economy concerned substantially. It may be an ironic policy that the excessive incentives for the private project operators impair the rights and interests of the other parties such as landowners and other competitor. First of all, the authors examine the Constitutional Law, other legislations and precedents on whether a private operator meets the public demand and the potential violation of rights and interests of the other parties exists or not. Where a private operator realizes the public interest in Korea, he or she can be charged with a project operation and it coincides with other advanced countries by means of their precedents. Where the cost reduction and profit improvement by the excessive procedure abbreviation, the excessive profit exclusion, excessive discretionary power are used as tools to attract the participation of the private sectors, the rights and interests of the other parties might be infringed. To prevent such side effects, proper control and restraint methods over private sectors should be enacted in the legislation in related to this issue. In addition, with cooperation among the local government, private operators, landowners and other interested parties, another alternative to enhance the public value should be considered. While the economic growth for 40 years since 1960 had focused on the quick development, that since 2000 has been in middle of the private sectors' profits. The authors conclude and suggest that the realization of the so-called improved public interests should be conducted as a project satisfying all participants rather than giving profits to the only one party.