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김해룡 ( Kim Hae Ryoung ),이정연 ( Lee Jeung Yeon ) 한국외국어대학교 법학연구소 2012 외법논집 Vol.36 No.3
There is a tendency to seek a small and effective government due to the radically changed and complex society. Thus, private participation is encouraged when doing public duty like expanding Social Overhead Capital (SOC) facilities. This system follows the structure of governance through public-private communication. It is more flexible, effective and positive than the past administrative actions to achieve the administrative goals. Urban rearrangement project is to improve the functions and environment of a city by redeveloping a depressed city. It also aims at raising housing life quality and land use efficiency. Korea is a small country and mountains are all around so that we need to enhance the use efficiency and functions of limited area. Operating the project according to these necessities should not be progressed by the administrative authority only but continued together with the association of owners like land designated as reconstruction area. This business is one of public services, but the project owners are the association of owners in principle. Therefore, the public and private interests are guaranteed at the same time. The process and contents are regulated by the Urban Rearrangement Act. In all stages about implementing the project, the administrative authority and association should cooperate according to the Act so that it can be called New Governance. Urban Rearrangement Project is considered as a good example of new governance; therefore, this report researched the related laws and legal issues including risk diversification and salvation methods of rights.