생산녹지의 개념과 법적 지위

A green area is a space that needs to be preserved from the perspective of urban planning because it should function as a resting space and a buffer space on the outskirts of an city. Productive green areas that constitute representative green areas along with natural green areas are strictly restricted to develop designated by urban planning. On the other hand, green areas also functioned as the most suitable development target as cities expanded in the process of industrialization. For private development activities, the green area, which used to be the basis of strict regulation, is easily changed to a residential area or an industrial area by an urban planning project to create residential areas, such as the land readjustment project (current urban development project). became Although it acts as a strict regulation for individuals, the dual nature of green areas, which are easily developed by urban planning projects, is still in progress. Productive green areas are designated for areas necessary for the development and nurturing of urban agriculture, or for farmlands that have the characteristics of natural green areas but need to strictly regulate urbanization or development. And the subject of strict regulation means restrictions on individual land use, such as conversion of farmland and construction of buildings, but is not a direct standard for urban planning projects. Urban planning projects by administrative entities are carried out at the level of urban planning for the sake of public interest, so they are not regulated equally with the regulation of private individuals. The urban planning project, in which the urban planning decision constitutes the contents of the project, has the power to, in theory, change or abolish the use area determined by the use zoning system urban plan. There can be no disagreement in the fact that the provision stipulating that productive green areas cannot exceed 30% of the development area under the Urban Development Act is intended to protect productive green areas more thickly than natural green areas. However, in the interpretation of this clause, it is necessary to distinguish between restrictions on private development activities and cases where urban planning projects are implemented. In the latter case, the productive green area may be changed to a natural green area through the decision to change the urban planning of the use zoning system, and the productive green area may be changed to a natural green area or even a residential area by the urban planning accompanying the urban planning project. Therefore, it is difficult to interpret that the existence of productive green areas has a strong enough force to exclude the application of the provisions regulating the exemption from zoning requirements for urban development projects.