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

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.