공장설립의 법적 문제에 대한 고찰

The deregulation of the establishment of the factory, which is the basis of manufacturing industry, is an indispensable element for the development of the national economy. However, the current factory establishment law is problematic in that it has a possibility of redundant regulations and requires very long time in factory establishment. Therefore, it is necessary to revise the related laws. Fist of all, the part related to the industrial complex in 「Act on Industrial Cluster Activation and Factory Establishment」 should be incorporated into 「Act on Industrial Location and Development」 and revised into (tentatively named) 「Act on Industrial Location and Industrial Complex」, and the part related to factory establishment should be left separately as (tentatively named) 「Act on Factory Establishment 」. At the same time, it is advisable to eliminate the rules related to the building permits in (tentatively named)「Act on Factory Establishment」 and shorten the factory establishment period. By modifying the related laws on this wise, the construction of a factory in an industrial complex should be subject to the law (tentatively named) 「Act on Industrial Location and Industrial Complex」. Also, the construction of a factory in a non-industrial complex should follow the law (tentatively named) 「Act on Factory Establishment」. In this way, it will contribute to the securement of the public’s predictability and the deregulation. In conclusion, it is desirable to establish a single act related to building and construction that encompasses urban planning, urban development and architecture like German Building Act (BauGB).