서울시 정비구역 해제에 따른 매몰비용의 공공부담에 관한 연구- 법적 쟁점을 중심으로

A Study on the Public Burden of Sunk Costs related to Cancellation of Rearrangement Zones in Seoul - Focused on Legal Issues -

The purpose of this study is to suggest the reasonable legal principles in relation to public burden of sunk costs incurred in process of rearrangement projects for providing assistance in legislation or dispute resolution. This study attempted to analyze literature such as theses, articles in journals, the National Assembly bills and the review reports, the National Assembly records of proceedings, the Supreme Court precedents, the Constitutional Court decisions, press releases, and Seoul metropolitan survey data on cancellation of rearrangement zones and sunk costs. In addition, this study attempted to analyze the current status and system associated with cancellation of rearrangement zones and subsidy of sunk costs. And then it raised the legal issues such as the justification, object, subject, degree of public burden of sunk costs. The results of the study are as follows: First, the public burden of sunk costs incurred in process of rearrangement projects is justified since rearrangement projects have publicness. Second, sunk costs incurred in process of rearrangement projects by the association as well as by the promotion committee should be shared by public sector since there is no difference in substance between the two. Third, sunk costs incurred in process of rearrangement projects should be shared by national government as well as by local government since national government is directly or indirectly involved in rearrangement projects. Last, sunk costs incurred in process of rearrangement projects should be shared by public sector under the principle of publicness, profitability, and responsibility.