사업시행계획인가와 관리처분계획인가의 병행에 관한 법적 쟁점

초록

The proposed amendments to the Urban and Residential Environment Improvement Act discuss the introduction of a parallel approval system for project implementation plans and management and disposition plans in order to expedite redevelopment projects. However, it is necessary to examine how such institutional changes may create tensions within the existing framework of administrative law. Accordingly, this study aims to identify the legal limitations arising from the parallel approval of these plans by analyzing the legal status of redevelopment associations and the legal nature and effects of project implementation plans and management and disposition plans through relevant case law and academic discussions. A redevelopment association is a public legal entity vested with administrative authority through the approval of its establishment and functions as an entity exercising administrative power. Both the project implementation plan and the management and disposition plan constitute administrative actions carried out by such an entity. The project implementation plan functions as an administrative plan that establishes the physical framework of the redevelopment project and acquires binding force through approval and public notice, whereas the management and disposition plan is characterized as a rights-forming administrative disposition that concretely allocates legal rights among interested parties. Although the two plans are closely interconnected, they presuppose a sequential relationship in terms of their functions and legal effects. Despite the structural characteristic that the management and disposition plan is dependent upon and subsequent to the project implementation plan, introducing a system allowing parallel approval procedures raises concerns regarding legal coherence and stability. Therefore, maintaining the basic structure of the current system while shortening the project period through more effective operation of existing procedures would constitute a more reasonable alternative in terms of ensuring legal stability and predictability. Procedural simplification in urban redevelopment should be achieved not merely through the consolidation of procedures, but through a coherent institutional design based on the functional roles and legal nature of each procedure.

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