A Critical Legal Analysis on Cheonggyecheon Restoration Project of Seoul in Republic of Korea

서지정보

· 발행기관 : 중앙대학교 법학연구원 문화.미디어.엔터테인먼트법연구소
· 수록지 정보 : 문화미디어엔터테인먼트법 / 13권 / 2호 / 137 ~ 167페이지
· 저자명 : 이규호

초록

Cheonggyecheon restoration project hasbeenreceiving the most attention in theearly 21st century as a large-scale public project conducted in Korea. It was a project designed, not to restore the urban stream but to transform the paradigm of urban management. Also, it was not the solution to urban traffic problems but the urban planning which perceives higher value of human beings and environment and newly designs and manages the city of Seoul. In addition, it is a project designed to generate new political expectations because the elected Seoul mayor in 2002 performed his key election agenda in the midst of difficult challenges. However, the Cheonggyecheon restoration was not an easy undertaking. In a relatively short period of time, there were many conflicts and ups and downs in connection with the project because the project had condensed agendas for transportation, merchants, street vendors, and restoration of cultural heritage and history.
This Article analyzes how the Cheonggyecheon restoration project resolved the conflicts among parties involved in terms of legal and sociological aspects. Also, the Article explores whether the project complied with the related Act s. In addition, the Article discusses whether the project legally and practically ensured citizens' participation. In conclusion, I make some critical comments on the project from the legal perspective.
The Cheonggyecheon restoration project was successful in terms of resolution of conflicts among stakeholders. However, it should be criticized by the fact that it did not comply with the Act on National Land Planning and Utilization. Another legal issue is related to the role of the Citizens' Committee. According to the Citizens Committee Ordinance, the Citizens' Committee was not empowered to determine or decide specific plans or undertakings but only to deliberate the matters prescribed under the Ordinance. The Citizens' Committee consisted of 117, composed of city officials, scholars, and the members of civic groups. Experts and civic groups The Citizens' Committee played a big role in persuading the citizens in order for the city of Seoul to start the construction of the Cheonggyecheon restoration project. However, following the commencement of its construction, they had been in conflict with the officials of the city of Seoul several times, insisting that "we cannot accept the restoration of the Cheonggyecheon, where history, culture, environment and ecosystem restoration have been lost." Hence, 26 of them had resigned a day before their 2 year-long term expired. Their opinions within the Citizens' Committee were not fully reflected in the construction of the Cheonggyecheon. It was because the Citizens' Committee was not allowed to decide its detailed plan or construction under the Citizens' Committee Ordinance.


In addition, there issomedoub t to say that its national cultural heritage was successfully restored.
Hence, there is one thing what I would like to emphasize with regard to urban planning. The Cheonggyecheon restoration project signifies the importance of the partnership between central and local governments, and citizens and civic groups.

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