개발사업에서 학교용지의 결정과 해제

Schools are typically established through general urban planning facilities project. On the other hand, school sites is sometimes created as a special urban planning facilities project in the process of implementing the development project. In development projects, school sites has the characteristic of meeting the demand for educational facilities arising from the development project while simultaneously securing infrastructure within the development zone. Accordingly, the Act on special cases concerning the procurement of school sites(hereinafter referred to as “School Site Act”) imposes an obligation on development project implementers to create school sites through development projects and supply it to local governments, and local governments secure school sites created as development projects through paid purchase. However, even though the construction of school sites has been completed, there are many cases where local governments do not acquire and use the school sites for a long time. This is called ‘school sites which are not used for long time’ and is distinguished from urban planning facilities that has remained unimplemented for a long time in general urban planning facilities project. Occurrence of school sites which are not used for long time can be examined through public law measures by dividing it into the aspects of determination, acquisition, and cancellation of school sites in development projects. This means that determination on school sites should be made carefully, school sites should be secured timely, and school sites should be revoked flexibly. To this end, the Development Projects Act and the School Site Act require detailed legislation on the determination, acquisition, and cancellation of school sites. At this time, the determination and cancellation of school sites should be considered in terms of the duality of the subject and method of school sites determination, and the relationship between general finance and education finance should be considered in the acquisition of school sites. In addition, even if the administrative authority decides, revokes, or changes urban planning facilities on school sites, it must not violate the criteria for judgment based on the legal principles of administration. Through this, school sites can be properly created in development projects, and urban planning facilities determination, cancellation, or change of school sites can have objective validity and legitimacy.