Conflicting Maps: How Legal Perspectives Could Minimize Zoning Cancellation in Republic of Korea

Jung-kyun Moon, Seon-bong Yoo, Hong-gyoo Sohn and Yonng-sun Cho
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Jung-kyun Moon: Legal Policy Research Institute, 1, Uisadang-daero, Yeongdeungpo-gu, Seoul 07233, Korea
Seon-bong Yoo: Division of Law and the Graduate School of Construction Legal Affairs, Kwangwoon University, 20 Kwangwoon-ro, Nowon-gu, Seoul 01897, Korea
Hong-gyoo Sohn: School of Civil & Environmental Engineering, A463, Engineering Hall 1, Yonsei Univ. 50 Yonsei-ro, Seodaemun-gu, Seoul 03722, Korea
Yonng-sun Cho: Hanmac Engineering, 301-ho Dream Plaza 2, 6-8 Sinseonghwaro 46 Beon-gil, Seowon-gu, Chungcheongbuk-do, Cheongju 28164, Korea

Land, 2021, vol. 10, issue 3, 1-21

Abstract: The purpose of this paper is to propose legal and policy enhancements that may prevent the cancellation of the legal force of zoning due to discord with the Korean Land Use Regulation Map (LURM) and secure legal stability. The legal force of zoning has been canceled because of the discordance of the LURM with past cadastral maps, and this has led to confusion regarding zoning decisions and even the postponement and cancellation of public projects. Here, the causes of LURM discordance and legal cancellation of zoning were identified and evaluated through judicial precedents. We found that improper use of data and adoption of tolerance caused the cancellations. To remedy these problems, we suggest the disclosure and application of cadastral computerized data instead of serial cadastral maps during LURM production activities to justify the legal adoption of allowable errors. We also recommend the widespread introduction of legal fiction for the rapid production of digital cadastral maps. Zoning cancellation could be minimized through such enhancements, and the map could allow people to visualize elements more conveniently. Moreover, this study aims to expand relevant legal mapping.

Keywords: land use regulation map; zoning; cadastral computerized data; digital cadastral map; legal fiction; allowable error; legal mapping (search for similar items in EconPapers)
JEL-codes: Q15 Q2 Q24 Q28 Q5 R14 R52 (search for similar items in EconPapers)
Date: 2021
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