계획입지의 중복지정과 관리법제의 체계 정당성 확보 방안 - 첨단의료복합단지 입지 사례를 중심으로 -

This study inquired into what problems may arise in the management systems due to the duplicate designation of a planned location, and what measures can be taken to solve these problems and secure the legitimacy of the systems of management legislation focusing on the case of two high-tech medical complexes located in the industrial complexes or innovation city. Although duplicate designation itself of a planned location is not a problem, it can lead to considerable confusion in the management systems in case where the underlying laws for each planned location are applied in a duplicate manner. Problems brought by duplicate designation of a planned location include duplicate occupancy examinations conducted by diverse management institutions and concomitant inefficiency, confusion due to dissimilar regulations, as well as the resulting restrictions on the exercise of property rights. In order to secure the legitimacy of the systems of management legislation due to duplicate designation of a planned location, basically, it is required to find a clue from acknowledgment of the independence of management legislation for each planned location. Since each planned location in the management systems forms a unique management unit, there is no room for the management legislation of other planned locations to be applied here, and it cannot be argued that a certain management law in the relationship with another management law encounters in the relationship of a special law with respect to the general law. Once the independence of the management legislation is acknowledged, no confusion will arise in the application of the laws due to the duplicate designation of a planned location. In addition, in order to secure the legitimacy of the systems of management legislation, it is vital to not only establish a cooperative occupancy management system between planned locations, but also clearly stipulate the regulations at the legal level regarding ex post facto management, which can seriously restrict the exercise of property rights of the people. Moreover, it is important to differentiate the management system according to the zone for each purpose of use, and set the period of disposal restrictions not excessively long in consideration of equity with other planned locations.