2021, Vol.93, No.

A Study on the Problem and Improvement of Unoccupied Houses Act- Focusing the Act on Special Cases Concerning Unoccupied House or Small Scale Housing Improvement -

Lee,Heon-Seok | 2021, 93 | pp.1~22 | number of Cited : 9

Korean society is on the process of transform from rapid-growth society to low-growth society. And the housing supply rate has long reached 110%. The decreasing demand for houses and the dropping value of real estate due to these social and economic changes are major reasons for vacant houses. As for the causes of vacant houses by the area, they are caused by the deterioration of the old downtown and the postponement of vacant house maintenance projects in urban areas. In rural areas, their main causes are aging and a decrease in the population. There are various reasons for leaving house empty such as being for sale, for rent or are being repaired. Vacant houses create diverse problems for cities : they become breeding grounds for crime and generate a spiral of decline. Especially unoccupied house can lead to damp and pest and also anti-social behavior such as vandalism, arson or squatting. To cope with “Act on Special Cases Concerning Unoccupied House or Small Scale Housing Improvement(Unoccupied House Act)” was legislated in February of 2017. This Act stipulates requirements and special cases to ensure the efficient maintenance of neglected houses and activate the maintenance of small houses. However, there seems some problems and limits of the Act even though it has not operated in the field yet. So, this study reviews problems and improvements of the Unoccupied House Act. As a result, the “Agricultural and Fishing Villages Improvement Act”, the “Building Management Act”, and the “Unoccupied House Act” shall be integrated into one in connection with the maintenance of empty houses. This is because it is reasonable to apply empty houses under the same law because they have the same nature and content even if they are in farming and fishing villages or in cities, and the maintenance measures and other support are similar. In addition, the Acts shall be integrated into "the Unoccupied House Act” to ensure that one competent department manages the policies in order to enhance the consistency, expertise, and efficiency of the policies. Local governments are also responsible for maintaining vacant houses. The State shall stipulate in the Act that local governments provide administrative and financial support necessary for the maintenance of empty houses. On the other hand, the private and public joint collaboration system should be strengthened to utilize the private sector that produces various ideas in terms of the management and utilization of empty houses.

Comparative analysis of the legal fiction system of authorization and permission under the Administrative Basic Act (draft) and the Land Administration Act

CHO, In-Sung | 2021, 93 | pp.23~48 | number of Cited : 15

Regal Resolution for Rental Housing Problems

Min, Tae-Wook | 2021, 93 | pp.49~64 | number of Cited : 3

Recently housing rent price is so increase that many poor tenants suffer. In response to rental market instability the government seek legal solution such as rent price control and rental period control. But our country adopts free market system that price is determined by supply and demand in market, so housing rental price is too. Jeonsei that is unique korean housing rental system is based the principle of supply and demand. Lessor can use the money deposit, which lessee pays for rental price during rental period, to real estate investment. Lessee can use rental house at low costs. So the effect of legal solution for housing rental price is restrictive. Law can control housing rental price or rental period in short time, but in longrun it cause short supply and price jump. So it is desirable to solve in market indirectly. Ultimate solution is to provide rental housing in full degree to meet market demands, so the desirable role of law is to help the supply of rental housing. There are many methods that law can use to supply rental housing. One of them is the social housing, which recently many local governments adopt as new way to provide rental housing. Social housing is considered as the third-way in providing rental housing, because it supplies rental housing at law price compared to private lessor and it resolves the problems such as lack of resources, slum that public rental housing encounter. But social housing in korea are confronted with problems to be surmounted. Because most social economic subjects who operate social housing are so small that they can not raise funds needed to buy land. So land and most money that is need for social housing operating are borrowed from public institutions. Because they are not land owner, they play only limited role in suppling rental housing. Now social housing is one attempt to create new rental housing culture, and is not expected to resolve current rental housing problems.

A Study on the Earthquake Relief System in Japan - Centered on the seismic insurance system -

Cholho Choi | 2021, 93 | pp.65~87 | number of Cited : 1

Legal Review of the Public Reconstruction Project

Myung-Ho， BAE | 2021, 93 | pp.89~113 | number of Cited : 7

This study is to conduct legal review of a public reconstruction project (public-participated high-density reconstruction) according as the government announced a public reconstruction project as a part of the housing supply plan with related ministries to the effect that it will increase housing supply by increasing public participation in reconstruction projects under the measures against housing shortage on August 4th 2020. The legislature has recently presented a legislation bill in the National Assembly to support its legal grounds. Under 「Urban Regeneration Act」, the purposes of enacting the existing reconstruction and redevelopment projects are to improve the urban environment by efficiently ameliorating old and poor buildings and to enhance the quality of residential life, constructing and supplying houses incidental to the project. In other words, housing supply is not the primary but an subsidiary purpose. The public reconstruction project is a new type of maintenance projects aiming at housing supply, paying more attention to the subsidiary purpose which is usually sought by the existing reconstruction projects. Historically, the present reconstruction and redevelopment projects differ in the purpose of enactment. Accordingly, the term, ‘Public Redevelopment Project’ seems familiar, but the term ‘Public Reconstruction’ is not a proper concept in light of the legislative background of the existing reconstruction projects. To prove this, first, the existing redevelopment and reconstruction projects are reviewed, chronologically and comparatively, and second, the public reconstruction project and public redevelopment & the existing reconstruction projects are compared. After all, unlike the disposal-centric redevelopment project which is under strong control of public law control, the reconstruction project is an article-centric project which respects private autonomy. The public reconstruction project also respects private autonomy, and in this respect, the public reconstruction is the same as the existing reconstruction project. The legislation bill is understood to have neglected the chronological and comparative review of the existing redevelopment and reconstruction projects. While the public redevelopment project has so great public interest that the weight of interest is not needed to be measured in relation to other interest of housing supply, the public reconstruction should confer much more legal consideration on the weight of the public and private interests In Conclusion, the public reconstruction project shall be faithful to the original purpose of the law on the improvement of the urban environment in that it is institutionalized based on private autonomy, and it is difficult to settle down as a legal system if focused on the subsidiary purpose.

A Study on the Improvement of Residents' Participation in the Establishment of District Unit Plans under the National Land Planning and Utilization Act

CHOI Yong | 2021, 93 | pp.115~139 | number of Cited : 1

Residents' participation in administrative affairs means that residents directly or indirectly participate in the government's decision-making process, including central and local governments, from a public interest perspective, affecting the policy process. Since the revival of the local autonomy system in 1991, there have been several prior studies in academia on revitalizing residents' participation. Discussions on the protection of residents' rights and interests have also been continuously held in the process of establishing and determining administrative plans, but unfortunately, the actual participation of residents has not been made. I wants to consider effective measures to enhance residents' participation in the establishment of a small-unit administrative plan, a district unit plan, as part of the search for methodology amid the low participation of residents in administrative planning. In connection with the residents' proposal, I decided to pursue the study with the idea that seeking institutional improvement is a meaningful attempt to revitalize the participation of residents. The analysis of the current status and problems of the district unit plan based on the above research purposes led to the conclusion that the current district unit plan guidelines need to be given external binding force in relation to residents' proposals and regulations to change them. In addition, it was also selected as an important task to prepare controls to prevent arbitrary judgments by administrative entities and to prevent unilateral rejection decisions in the acceptance of residents' proposals. To this end, I proposed a plan to promote, enact, and operate the regulations related to the proposal of residents from the current order to the enforcement ordinance, along with revising the establishment guidelines to extend the deadline for responding to the residents' proposals. Among the establishment guidelines, it is necessary to quickly introduce regulations for verification and evaluation so that administrative entities' feasibility, procedures, and detailed standards for residents' proposals can be objectively operated. Under the establishment guidelines, structural problems that make it virtually difficult to revitalize residents' proposals need to be sought in terms of institutional support measures. To this end, this researcher proposed improvement measures from the institutional perspective of residents' proposals, such as the provision of cost support, regularization of expert assistance, and guaranteeing opportunities for residents to participate in the committee. Through this study, I hope that discussions on revitalizing residents' proposals will be more concrete in the establishment of district unit plans, and that other practical methodologies such as development plans can enhance residents' participation.

A Study on Housing Rights and Rent Control on Housing Rent Focusingd on the Right of Claim for Housing Rental Contract, Rent Control and Obligation of Reporting Rental Contract, so called 3 Acts for Rental Houses

Han Sang Hoon | 2021, 93 | pp.141~166 | number of Cited : 14

Since housing is one of basic human rights the nation and people have to try to provide adequate housing for all people. However, various policies for real estate market by the government have been criticized because of the failure of controlling soaring housing price and deceasing numbers of rental houses in the market. For instance, the government announced the ‘the promotion plan for private rental house registration’ on December 13 of 2017 in order to provide more rental houses in the market from the supply of multihouses owner’s houses. At that time government provided variety types of incentives to the participants of the plan such as tax cuts, discounted health insurance payments and etc. Thank to these attractable incentives the numbers of private rental housing registration increased from 229,000 persons in 2017 to 336,000 persons in 2018. However, as the promotion plan for private rental house registration has received serious complains from civil society and nongovernment organizations due to the misuses of incentives for multi-house owners privilege the government accepted the complains and announced new real estate policy which abolished the promotion plan for private rental house registration. No more than 2 years, the government abolished self-made promotion plan for private rental house registration by himself. After that, rent of rental house soared dramatically and the fear of houseless and home owners about the market sharply exploded. In order to relieve these market nervous the government amended existing housing lease protection act and special act on private rental housing and introduced right of claim for housing rental contract, rent control and obligation of reporting rental contract, so called 3 acts for rental houses. In order to enhance the reliability and predictability of government’s real estate policy it is necessary to clear out what is the basic value of the policy at the beginning and provide practical implementation plan for the policy. Based on these circumstances this study examines the legal concept of housing rights which the housing policy tries to execute in the market and reviews the housing rental business in foreign countries to have some important implications for current problems in housing rental business. Based on the findings and understanding this study sets the purpose of this research is to provide problems and assignments in housing rental business. Finally, this study shows that in order to establish required business atmosphere for housing rental business, especially for the low income tenants, the government should carry out the reinforcement of housing rights of lessee and the enhancement of the reliability and predictability of government’s real estate policy for lessor simultaneously. As an example of this recommendations this study suggest that the limit of rent control could be changed more elastically not only to provide secured housing rights for the low income tenants but also to give business opportunity for the lessor to have extra earning from the housing rental business through the adoption of the limit of rent control as the combination of inflation rate plus 5% of rent.

A Study on Japanese Acts for Balanced Regional Development

Woo-Suk Chae | 2021, 93 | pp.167~188 | number of Cited : 5

Artificial intelligence legal challenges - Focusing on national liability -

KIM, NAM WOOK | 2021, 93 | pp.189~216 | number of Cited : 2

The state and local governments have widely adopted artificial intelligence to make automatic administrative actions or administrative decisions. In other words, artificial intelligence and algorithms, which are key technologies in the 4th industrial revolution and intelligent information society, are used in the administrative law area to prevent tax evasion and tax investigation, tax evaluation and automatic refund, improve the efficiency of regulation in regulatory agencies, crime prediction and monitoring, and smart security services. And recidivism prevention, environmental crackdown, university entrance examination education administration, artificial intelligence platform self-government administration, etc. The Basic Administrative Act allows fully automatic actions by artificial intelligence to be performed for binding actions, but the use of artificial intelligence and algorithms in regulatory administration is an invasive administrative action in which the rights of the people are limited or obligations are imposed. In accordance with the reservation principle, a legal basis for administration by artificial intelligence algorithms should be established. Due to the bias and opacity of artificial intelligence algorithms, it would be difficult to prove illegal automatic administrative actions by artificial intelligence. Since it is difficult to prove the liability for negligence between the administrative decisions of AI public officials and damages, it is necessary to ease the burden of proof and the legal principle of civil war transition. Responsibility for installing and managing public structures for traffic signals is recognized by theory and precedent, and in the case of the United States, a traffic signal system that combines artificial intelligence is introduced. Therefore, the national compensation liability for artificial intelligence is imposed under Article 5 of the National Compensation Act. It is a question if you can. On the other hand, the government is planning to revise the Administrative Appeals Act in order to secure rights relief for administrative actions by artificial intelligence. In the case of administrative action by artificial intelligence, it cannot be said to be a rule of law unless a remedy for the rights of the people is in place. However, according to the current national compensation, it is impossible to claim national liability for compensation by AI and algorithms, so legislative measures are required to respond. In the following, the concepts and types of artificial intelligence, the use cases of artificial intelligence in the administrative law area of artificial intelligence, and the responsibilities of artificial intelligence algorithms are discussed, and then classified into weak artificial intelligence, strong artificial intelligence, and super artificial intelligence, according to Article 2 of the National Compensation Act of Public Officials AI It examines the applicability of the national liability for compensation and the problem of the defect liability in the installation and management of artificial intelligence and algorithms, and prepares a legal improvement plan.

Regulating Artificial Intelligence

Kwang-soo Kim | 2021, 93 | pp.217~243 | number of Cited : 12

PDF

Artificial intelligence is an important means to show a qualitative difference from other machines in that it replaces human perception and computational abilities. Currently, large corporations and several countries are making large-scale investments, seeing AI technology as the core of their industrial competitiveness. There is no limit to the field of use of artificial intelligence, and its capabilities are expected to be endless in the future. Based on the impact of AI on the game of Go, we can predict the future impact of the development of artificial intelligence on society and communities. First, even if artificial intelligence develops, the current social system is not expected to be greatly affected for the time being. Because artificial intelligence is a machine, it is a tool that can be used by humans and is not a competitor to humans. Second, the computational power of artificial intelligence affects the technological development of Baduk. Third, the development of artificial intelligence requires a new code of conduct. Because Go players are tempted to win the game by using artificial intelligence without their opponents' knowledge, policies to properly prevent and control this are necessary. In this article, the necessity, legal structure, and important issues related to the regulation of artificial intelligence are reviewed. Artificial intelligence has a great impact in that it replaces human cognitive and computational abilities by machines, and in that the development of artificial intelligence technology and its application fields are rapidly spread along with the development of science and technology. The role of administration is important to increase the usefulness of artificial intelligence and reduce potential harm. The administration should also function as a facilitator for the development of artificial intelligence technology, but there should be no shortages in its activity as a monitor to prevent infringement on the rights and interests of the people. As for laws related to artificial intelligence, autonomous laws centered on large corporations are important, and national regulations also have a larger space for use of soft laws such as guidelines rather than acts. Algorithms, which are the methods of operation of artificial intelligence, are based on their own rules. The codes that organize them are similar to laws, but because of their concealed nature and anonymity, they are different from national laws formed by congressional procedures and promulgated to the public. Care should be taken to ensure that ruled by law is not ruled by code. The administration has already carried out a significant part of the investigation, diagnosis and regulation using artificial intelligence in the areas of road traffic, taxation, punishment, education and health, and it is expected that there will be more and more applications of artificial intelligence in the future. The protection of privacy and non-discrimination are required and monitored by the state against large AI companies. However, when the state directly uses artificial intelligence to conduct administration, care must be taken not to infringe on the rights and interests of the people themselves. When the number of tasks and disputes related to artificial intelligence increase, a national organization that is responsible for dealing with them should be established. The 4th Industrial Revolution Committee, which is currently organized, focuses on the development and application of artificial intelligence, so it is evaluated that it is not enough as an institution for regulation such as protecting the basic rights of the people and ensuring transparency of algorithms. In the future, an independent and efficient agency on artificial intelligence should be established in Korea.

A Study on the Adoption of the Designated Manager System in Private Finance Initiative(PFI)

Hwang Jihye | 2021, 93 | pp.245~277 | number of Cited : 4

PDF

To recover from the recession caused by the COVID 19, countries are implementing “New Deal policy” that seeks to boost the economy by injecting finances into infrastrucure(SOC). Korean government is expanding its infrastructure(SOC) projects in this trend. It also plans to adopt Private Finance Initiative actively to get financial resources securely. However, to use PFI actively, it is necessary to solve problems such as excessive financial leaks. The fundamental cause for these problems is the lack of role sharing between public sector and private sector. On role-sharing between public and private sector, we have “Guarantee State Theory” or “Gewährleistungsstaat Theorie” in Germany. According to “Guarantee State Theory”, public sector is responsible for supervising private sector to perform PFI projects properly while private sector is responsible for providing public services through PFI projects. Based upon the Guarantee State Theory, this article focuses on how to institutionalize public & private sector's roles in the already present but imperfect “Act on Public-Private Partnership in Infrastructure in Korea(2020)”. The author proposes in this article that public sector's role be clarified through “Designated Public Manager System” and private sector's role be clarified through “Designated Facility Manager System”. In the “Designated Public Manager System”, the competent authority will be given the status of a “Public Manager” & at the same time the responsibility for supervision to make private-sector perform the task successfully. How can the “Public Manager” supervise the private sector? Firstly public sector(state) can demand to revise PFI contract, secondly it has State Compensation Act system for the victims from the SOC. Thirdly, it has state's Right of Termination of PFI contract for public interest. Designated Facility Manager System is a system that legally grants private sector the status of “facility manager” to be able to focus on infrastructure work. In order to supplement the PFI’s structure, in which private sector can work on only the hardware work such as facility work, the scope of work will be expanded to soft work such as a performance plan. As a comparative legal model for Designated Manager System, this article finds an example in Japan legal institution. By introducing a “Designated Public Manager System” and a “Designated Facility Manager System”, it can be expected that the role sharing between the public and the private sector can be clarified. It is also expected to improve the problem points raised in PFI so that public services can be provided to the public more securely and effectively.

A Legal and Institutional Study on the Prevention of Child and Juvenile Crimes - Focusing on sex crimes on campus -

Oh Sam Gwang | 2021, 93 | pp.279~294 | number of Cited : 1

KJCKorea
Journal Central

Public Land Law Review 2023 KCI Impact Factor : 1.14

2021, Vol.93, No.