The actual existence of project implementers prior to authorization in urban redevelopment projects

Urban redevelopment projects are conducted in accordance with the Urban and Residential Environment Improvement Act. Although project implementers acquire their public legal status only after obtaining project approval, in practice, substantial implementation activities occur even before approval is granted. Various processes, such as land acquisition, administrative procedures, and the preparation of necessary permits—including architectural reviews—are undertaken during the pre-approval phase. Nevertheless, the current legal framework does not clearly regulate the activities of these “pre-approval project implementers” and fails to recognize their public legal status. In modern urban redevelopment projects, third-party developers, outside the designated redevelopment zone, often take the lead in negotiating land acquisitions, securing consent rates, conducting various assessments and reviews, and refining project plans during the pre-approval stage. However, owing to the lack of legal recognition, formal consultations with administrative authorities are difficult, and the predictability of their roles remain uncertain. Additionally, there exists a risk of reduced fairness and transparency in land acquisition and contract execution. These structural issues can cause project delays or even cancellations, often resulting in prolonged legal disputes that halt redevelopment projects for extended periods. This study examines the existence of pre-approval project implementers and proposes the following legal and institutional reforms to address related issues: First, the legal status of pre-approval project implementers should be explicitly defined, and their permissible activities should be systematically incorporated into the legal framework. Second, the involvement of public institutions should be expanded to ensure fairness and transparency from the early stages of redevelopment projects. Third, the responsibilities and obligations of pre-approval project implementers should be clarified, and regulatory measures should be established to prevent unfair contracts and project mismanagement. In particular, legal oversight must be strengthened to prevent the abuse of non-competitive contracts during the pre-approval phase. Urban redevelopment projects serve as crucial mechanisms for improving urban environments and revitalizing local economies, beyond merely constructing residential buildings. Therefore, institutional reforms reflecting the realities of project implementation are essential. Addressing the legal uncertainties surrounding pre-approval project implementation can help establish a more sustainable and equitable redevelopment framework.