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Fair Society and Bogeumjari Housing

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 54(), pp.33-52
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Heo, Kang Moo 1

1한국부동산연구원

Accredited

ABSTRACT

A fair society has appeared as a new conversation topic since the President Myung-Park Lee declared a “fair society” in the August 15 congratulatory speech last year. One of the essential problems in the fair society discussion is the problem of real estates. In particular, the project of Bogeumjari Housing is one of the low-income bracket friendly policies of the current administration where the pros and cons manifestly have conflicted with each other due to the fairness disputes from the early stage of the project. This study addresses, from a legal scholar's perspective, relevant disputes relating to the project of Bogeumjari Housing in light of the fair society, which is the national task of the current government. In the first place, Chapter II examines the Constitution and the housing policies, and Chapter III considers the background information and structure of the system of Bogeumjari Housing. Chapter IV summarizes and provides suggestions for relevant disputes relating to the Bogeumjari Housing in view of the so-called “fair society.”The Bogeumjari Housing has been subject to disputes in the progress of project, including the housing supply methods, greenbelt damages, privatization of development gains/benefits. As of now, the government is placed at the point in time to take into consideration how the project of Bogeumjari Housing comes closer to preservation of pleasant residential living areas and the government's housing development policy obligation. Furthermore, certain solutions should be made to reconcile the aforementioned disputes in view of the fair society. The problem of Bogeumjari Housing is that it has caused the first sellers to privatize development profits that arise in fixing the sales prices cheaply. In order to solve this problem, the compulsory residence period and the resale period has increased, but it cannot become a fundamental measure to take. The government needs to find out solutions of reviving the resale conditioned housing policy by amending the Housing Act again, or of recapturing the development costs incurred as a result of the low sales prices for the Bogeumjari Housing by establishing the 「Special Act Relating to Resale Conditioned Housing」. To the extent that the Bogeumjari Housing constitutes houses constructed by removing development restriction zones, it should have public interests. It should be also considered that the resale conditioned housing has more public interests than the general sales housing.

Citation status

* References for papers published after 2023 are currently being built.