Contextual Analysis of Development, Transition, and Future of Korean Urban Planning Law

This study examines changes in and characteristics of Korean urban planning law in five generalized and objective contexts suggested by my earlier paper: “strength of ownership, level of judicial intervention, plan-led/development-led system, distribution of planning power, and level of participation” (Jeon, 2023). Consistent trends result from this: (a) landowners typically cannot outperform the government in terms of land use; (b) the courts continue to hold deferential view on planning decisions regardless of the balancing requirement, while plaintiff standing was expanded, and the scope of judicial review was broadened; and (c) participatory elements have expanded, at least in terms of procedures. Meanwhile, there have also been inconsistent aspects: even though Korean urban planning law has been pursuing a plan-led system like “planning before development,” there was opposite transition such as the overabundance of special laws and the central and local governments' planning power has occasionally been expanded or distributed, This paper attempts to critically examine the problem of “uncertainty” and “unpredictability” in Korean urban planning laws through this analysis. Current urban planning, particularly use zoning, delays a significant portion of planning decisions until particular development activities are attempted and does not ensure particular land use. The issue is that landowners have trouble to find an appropriate method of removing uncertainty and there are no efficient appeal processes or legal principles. The direction of future regulatory improvement is discussed in this paper in order to solve such a uncertainty and unpredictability, including reorganization to provide landowners a minimum level of predictability, the establishment of legal principles and appeal procedures for urban planning, the reformation of planning tools, and checks and balances between planning authorities.