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학술논문법과정책연구2010.08 발행

수도권관리를 위한 법적규제에 관한 헌법적 검토

Constitutional Review on the Legal regulations for the management of the Seoul Metropolitan area

이윤환(건양대학교)

10권 2호, 591~612쪽

초록

The government is trying the change from the development control policy to the regulation easing policy for national economy improvement and domestic and abroad investment promotion. Metropolitan area, Seoul and Local area are pitted against each other over the method and time of proceeding and the choice of applied districts in relation to metropolitan regulation-ease and decentralization policy. In case of Kyung-Gi northern area, it is insisted that they get reverse discrimination since the development is restricted because of balanced regional development. However, the Metropolitan population and economy concentration have brought out not only environment disruption, traffic and housing problem but also the local area's vacancy phenomenon. Metropolitan Regulation is supported by every region except metropolitan area because it could solve out metropolitan concentration problem and help the balanced regional development. Considering the unfair development between metropolitan and local area, it is difficult to accept the argument that metropolitan regulation is damaging the basic right protected by the constitution. Therefore, the government has to listen to the people living in areas other than metropolitan region, who are aspiring for the national development through the balanced regional development. It is better that the important national policy decision be made through the rational discussion in the National Assembly that represent the people of nation rather than through propaganda or legal decision accompanying opinion division and social expense.

Abstract

The government is trying the change from the development control policy to the regulation easing policy for national economy improvement and domestic and abroad investment promotion. Metropolitan area, Seoul and Local area are pitted against each other over the method and time of proceeding and the choice of applied districts in relation to metropolitan regulation-ease and decentralization policy. In case of Kyung-Gi northern area, it is insisted that they get reverse discrimination since the development is restricted because of balanced regional development. However, the Metropolitan population and economy concentration have brought out not only environment disruption, traffic and housing problem but also the local area's vacancy phenomenon. Metropolitan Regulation is supported by every region except metropolitan area because it could solve out metropolitan concentration problem and help the balanced regional development. Considering the unfair development between metropolitan and local area, it is difficult to accept the argument that metropolitan regulation is damaging the basic right protected by the constitution. Therefore, the government has to listen to the people living in areas other than metropolitan region, who are aspiring for the national development through the balanced regional development. It is better that the important national policy decision be made through the rational discussion in the National Assembly that represent the people of nation rather than through propaganda or legal decision accompanying opinion division and social expense.

발행기관:
한국법정책학회
DOI:
http://dx.doi.org/10.17926/kaolp.2010.10.2.591
분류:
법학

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