Legal issues of Attribution for public facilities in the National Land Planning and Utilization Act

Abstract

Attribution system for public facilities is a regulations determining the ownership of public facilities for the installation of public facilities and its efficient management, governing the appropriate burden of public facilities installation costs The legal characteristic of this system is that, in the automatic condemnation, there is a change in real rights according to the provisions of the law, and in the case of gratuitous transfer, administrative property can be immediately disposed of without going through the abolition procedure. The basic form of the legal system is when a person who has obtained permission for development activities installs public facilities, and depending on whether the person who has obtained the permit is an administrative agency or not, it is classified into automatic condemnation and gratuitous transfer. The automatic condemnation is applied when functional substitutability between new public facilities and existing public facilities is recognized, so there is no special legal problem. However, in the case of gratuitous transfer, the licensed person is in a legally unstable state because it is decided at the discretion of administrative agency whether the licensed person can receive the gratuitous transfer. According to the purpose of the system, it is reasonable to interpret it as having to transfer existing public facilities to the licensed person unless there are special circumstances. Despite the need to secure essential public facilities, this system creates a considerable burden on the project operator. However, there are many unclear parts in relation to the endowment, the requirements and effects for applying the system. This causes various problems in practice. Therefore, it is necessary to various discussions and legislative efforts to solve these practical problems.