프랑스의 도시계획에서 행정기관의 책임에 관한 연구

Urban planning tries to make urban policies and to resolve problemes related to construction, environment, transportation, and housing etc. There are Conflicts between those who support higher urban density and those who object to the artificial modification of natural spaces. The lawsuit often arises between those and these. These conflicts and legal actions have led to the quest for more sophisticated solutions. In France, Urban planning servitudes are generally non-compensable, but there are certain exceptions to this rule. If the servitude violates vested interests or changes prior situations, the principle of non-compensation is inapplicable. After the announcement of this principle, it is stipulated that compensation shall be furnished if the servitude violates vested interests or leads to direct, material, and certain damage because of modifications to prior conditions. If parties fail to agree on compensation, the Administrative Cour(le Tribunal Administratif) will decide on the compensation. To hold an administrative authority accountable, it is inadequate to simply demonstrate that the authority was at fault or breached the principle of equality in bearing public burdens. The resulting harm must exhibit particular characteristics. In urban planning, administrative judges recognize only explicit and direct damages as qualifying for compensation. In cases of the liability without fault, the compensation is awarded for abnormal and specific damages. The liability of administrative authorities in urban planning is primarily based on fault. In urban planning, administrative liability is mainly linked to illegal acts. If such actions take place, sanctions are given as a priority. Even in instances of mere evaluative errors, the actions of violation of the law are regarded as faults. In theory, as the urban planning laws may viloate equality, administrative jurisprudence rarely recognizes the liability without fault of administrative authority in the field of urban planning. Nevertheless, there have been occasions where the courts have invoked this principle. The French system provides meaningful lessons for South Korea.