도시계획시설사업 실시계획인가의 법적 성질

Among infrastructure, those installed according to urban planning facility decisions are called urban planning facilities. Due to the high publicity and social influence of urban planning facilities, strict urban planning procedures and the right to expropriate the facility site may be involved. The decision on urban planning facilities requires implementation plan approval and construction as a follow-up procedure for the installation of tangible facilities. The implementing plan is a construction plan for the installation of specific facilities according to the urban planning facility decision, and approval of the implementation plan is meaningful as permission for construction according to the implementation plan. Approval of the implementation plan can basically be said to be a supplementary act that completes the effect of the implementation plan. According to Article 96 (2) of the National Land Planning Act, if it is necessary to acquire another person's land to secure a business site, project approval is considered to establish the right of expropriation through notification of the implementation plan. However, deemed authorization or permission does not exclude review of the substantive requirements for project approval, the procedural requirements for project approval must be consultation with the Central Land Expropriation Committee and hearing opinions from interested parties such as land owners. Therefore, if all the requirements for project approval are met and project approval is deemed, the approval of the implementation plan can be said to have the nature of a formative act. Regarding the nature of the implementation plan approval, there is a question of whether the implementation plan approval loses its effectiveness when the project implementation period elapses. The precedent holds that the effectiveness of the implementation plan approval is lost when the project implementation period elapses. I think this is the result of too much focus on the fact that project approval is subject to implementation plan approval. Taking into account the provisions of the National Land Planning Act and the fact that the project approval can be recognized as an independent disposition, if the project period expires, it is reasonable to say that it only prevents the application for expropriation, and does not mean that the effect of the implementation plan is extinguished.