대규모 개발사업의 조성토지 공급규정 체계성에 관한 입법 평가

A regulation on development site supply specifies the types of the sites to be supplied, and the supply method and price criteria for each type. In other words, the supply methods and price criteria form the most basic and essential portion of a development site supply system. Despite their essential status, most of the acts do not specify the supply methods and price criteria, delegating them to administrative legislations. Moreover, there are multiple acts which do not even contain any delegation provisions regarding price criteria, which constitutes a violation of the principle of legal reservation. In addition, each act introduces different price criteria for sites supplied for the same purpose, deviating from the systemicity of the legal system, which undermines the people’s understanding and predictability of the enforcement of the law. Such attitude seems to come from the understanding that a supply contract for development sites is a private contract, and the legal provisions regulating such contract merely provide for fair and objective criteria. However, as preciously discussed, many of such contracts are found to be public contracts upon a closer scrutiny. Therefore, it would be more desirable for the relevant acts to contain provisions specifying the essential matters regarding each standard, so as to ensure the clarity of supply methods and price criteria for development sites.