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The Necessity and Structural Framework of Tentative Draft of “Act on Housing Welfare”

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 52(), pp.383-402
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Gyeongsu Yeo 1

1충북대학교

Accredited

ABSTRACT

Everyone shares the right to a decent standard of living. Essential to the achievement of this standard and therefore to the fulfillment of human lie beyond simple survival is access to adequate housing. The right to housing codified as a human right in the Universal Declaration of Human Rights. And The right to housing is included in several international legally-binding documents such as UN-Habitat and UN Housing Rights Programme,Increase in the housing supply ratio through mass housing construction has long been the prime object of housing policy in Korea as housing shortage was regarded as the main element of housing problem. The government enacted the Housing Construction Promotion Law (HCPL) in 1972 in order to promote housing construction. The HCPL has since then served as the organic law of housing in Korea. It prescribes on simplified legal procedures and financial assistance to promote housing development, and the inspection of construction works and the standardization of building elements to help heighten construction quality and productivity. And, new topics such as the harmony of development and environmental protection have become important policy issues. Moreover, the situation of those who are unable to afford appropriate housing on the market has been aggravated relative to the aggregate improvement in housing conditions. Many families are still living in houses that do not meet the minimum standards. How to provide appropriate housing for those in housing poverty and how to enhance the housing standards of those living in substandard housing are thus becoming the main concern of housing policy. Korea has the constitution and national laws that promote the progressive realization of the right to adequate housing. In Korea legal protection of the right to housing at the national level often involve arbitrary eviction, safety and health regulations, or equal protection issues. The housing policy should be oriented around securing the right to housing and the affordability of housing, particularly for the underprivileged groups.

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