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Article

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

1
Legal Policy Research Institute, 1, Uisadang-daero, Yeongdeungpo-gu, Seoul 07233, Korea
2
Division of Law and the Graduate School of Construction Legal Affairs, Kwangwoon University, 20 Kwangwoon-ro, Nowon-gu, Seoul 01897, Korea
3
School of Civil & Environmental Engineering, A463, Engineering Hall 1, Yonsei Univ. 50 Yonsei-ro, Seodaemun-gu, Seoul 03722, Korea
4
Hanmac Engineering, 301-ho Dream Plaza 2, 6-8 Sinseonghwaro 46 Beon-gil, Seowon-gu, Chungcheongbuk-do, Cheongju 28164, Korea
*
Author to whom correspondence should be addressed.
Academic Editor: Andrew Millington
Land 2021, 10(3), 256; https://doi.org/10.3390/land10030256
Received: 31 December 2020 / Revised: 24 February 2021 / Accepted: 25 February 2021 / Published: 3 March 2021
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. View Full-Text
Keywords: land use regulation map; zoning; cadastral computerized data; digital cadastral map; legal fiction; allowable error; legal mapping land use regulation map; zoning; cadastral computerized data; digital cadastral map; legal fiction; allowable error; legal mapping
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MDPI and ACS Style

Moon, J.-k.; Yoo, S.-b.; Sohn, H.-g.; Cho, Y.-s. Conflicting Maps: How Legal Perspectives Could Minimize Zoning Cancellation in Republic of Korea. Land 2021, 10, 256. https://doi.org/10.3390/land10030256

AMA Style

Moon J-k, Yoo S-b, Sohn H-g, Cho Y-s. Conflicting Maps: How Legal Perspectives Could Minimize Zoning Cancellation in Republic of Korea. Land. 2021; 10(3):256. https://doi.org/10.3390/land10030256

Chicago/Turabian Style

Moon, Jung-kyun, Seon-bong Yoo, Hong-gyoo Sohn, and Yonng-sun Cho. 2021. "Conflicting Maps: How Legal Perspectives Could Minimize Zoning Cancellation in Republic of Korea" Land 10, no. 3: 256. https://doi.org/10.3390/land10030256

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