도시계획에 대한 직접적인 다툼에 관한 연구

A Study on the Direct Dispute of Urban Planning

The purpose of this study is to investigate the possibility of the direct dispute of urban planning. The urban planning pertaining to administrative plan becomes the most important theme in administrative law. The urban planning is one of the administrative plan and has the binding force for all people. Regarding the nature of the urban planning, there are many opinions. Some say it is similar to law, but others say it is a kind of administrative act. I think that the urban plannig can be understood as a type of administrative act. The urban planning violates and alters the rights of residents concerned concretely and individually and such a violation and alteration is complete when it is decided and promulgated. So the urban planning can be the object of a direct dispute. In this connection the concept of administrative measure should be reviewed so that the administrative plan including the urban planning may be under judicial control. The illegality of the urban planning can be divided into two types. One is illegality in procedure and the other is illegality in content of the urban planning. The content of the urban planning should be checked closely in the judicial procedure. This treatise can’t solve all matters concerning the urban planning. So, in the future, I expect further study on this problem.