준산업단지 지정권자의 재량권과 그 한계

In designation of semi-industrial complex are examined the legal nature of designation and the scope and limitations of the discretion, by analyzing specific individual requirements of designation, the improvement plan of semi-industrial complex, development instructions of industrial complex. The designation of semi-industrial complex by private request which is accompanied by the improvement plan of semi-industrial complex, is a material general disposal. Accordingly local autonomous entities have a lot of discretion, in disposing it. But considering the purpose of 「the law on locations suitable for industrial use and its development」which promote and induce the development of locations suitable for industrial use, they have to designate semi-industrial complex, so long as such designations aren't against related laws and regulations, locations guidelines, etc. On the other hand, we need to review the legislative level to plan and support designations of semi-industrial complex which are essential to improve existing plants in dense regions by local autonomous entities. And such as reconstruction and redevelopment of apartments etc., we need to review the legislative level to have detailed and specific standards and procedures on the improvement plan in semi-industrial complex. With it the uncleanness of legal interpretation due to applying the provisions of industrial complexes can be solved.