개발허가의 법적 성질 = The Legal Nature of Land Development Permit

다국어 초록 (Multilingual Abstract)

The legal nature of Land development permit which withdraws relative prohibition is interpreted as legal bindingness-discretion. But it has been disputed whether a Land development permit has legal bindingness or discretion. The development permit, under the Act on Planning and Use of National Territory, is required to bind by law. But, in some cases, the permit is interpreted as stipulating legal bindingness-discretion which allows exceptions:not to permit with certain reason. In theory, the relativity of legal binding to discretionary act is pointed out, but the discretion of administration has been broaden as technical and political administration increases in these days. Moreover, it is emphasized because a judgment standard for the permit depends on its publcity:harmony with the environment, development as planned and infrastructure accompanied with development. However, the development permit comes under the restrictive administration. Some assert that the permit-especially meant torestrict-has to be constituted by legal binding act. If a government office uses its discretion and disapproves of development,even though it satisfies the required conditions by rule, it becomes a target of public grievance. Technical standards, therefore, have to take effect by legal binding act as much as possible under the related laws. Meanwhile, location and environment standards which require judgment on its publcity have to be recognized as legal binding-discretionary act, and then given discretion.