earticle

영어

This study analyses main causes of the failure in urban development project in an aspect of urban development policy and its system, focused on the litigation of Yongsan international district development project. Main issues of law suits were as follows: procedural problems of Urban Development Act regarding hearing current residents' opinions, complaints about the clause that allows eminent domain with only half of resident' agreement, and controversy over the validity of using the date of compensation which is mentioned in Urban Development Guideline. This study reviews the court's decision, and analyses the limitations of current urban development ruling system. It suggests following measures. First, in order to apply Urban Development Act to the projects located in developed sites, public hearing system from existing residents should be reinforced. Second, it is necessary to modify minimum level of residents' agreement for eminent domain. Last, highly sensitive issues related to the residents' compensation should be stated in Act not an ordinance or a guideline.