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Study on legal issues and improvement measure concerning city redevelopment project

  • Public Land Law Review
  • Abbr : KPLLR
  • 2011, 55(), pp.1-34
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

이재삼 1

1경원대학교

Accredited

ABSTRACT

City redevelopment project can be considered the process of realizing social welfare by facilitating functions of cities through improving inferior residential environment and providing housing of good quality to the low-income classes. However, as the project has been executed regardless of the economic capability of residents or urban structure for investment resources assurance, convenience of project execution, or efficiency of land use, it is currently exposed to residential uncertainty from the low-income classes that comprise most of the residents. There is a problem with the city redevelopment project: the meaning of publicity is fading due to excessive focus on the project itself. This is because the redevelopment is being executed without investment of public resources. Thus, in order to activate city redevelopment project, residential participation must be activated. Also, joint redevelopment method and improvement on circular maintenance method should be considered in the city redevelopment. Firstly, active participation of residents is required in city redevelopment project. At the inception of the project planning, the public organization should encourage maximum participation from residents, provide information, and open every possibility for them to get access to the information. In other words, the public organization should take the role as a coordinator that tunes interests of residents, the public, and construction companies in order to successfully execute the redevelopment project and assure publicity. And, in case of moved complex of circular maintenance method of city redevelopment, a method other than allotting ordinary rent should be applied. In other words, in order to aim for residential stability of poor residents and increase the rate of resettlement, the rent should be adjusted to take account of the present situation. Since the entry rate of the complex is low due to high rent, it is better to lower the price of rental apartment and stay with the original intention of the introduction of circular maintenance method. Especially, in order to increase the resettlement rate of residents, the following methods are considered: providing floor area ratio incentive with the public organization as the main body, and providing rental apartments and allowing residents to pay the cost of entry monthly. Also, there is an aspect of the expansion of public functions. Public functions should induce and support smooth flow of redevelopment according to its planned schedule while adjusting various interests. In order to take the main role in the city redevelopment as a public organization, it is important to assure and operate sufficient funds. Supports from sufficient financial funds, public funds, and tax privilege are essential. In addition, joint redevelopment project is necessary. In traditional joint development, association or owner who provides land and rights and investors who take the responsibility of operational cost and technical supports execute the project jointly. In this project, this is the method where residents who provide the land and construction companies that pay the entire operational cost are jointly developing. This method may be able to solve the development financial problem that has been the core obstacle to the redevelopment project. Since residents do not have to pay for the operational cost and construction companies may accommodate residents, this method assures business profitability through general lotting-out on the remaining families other than houses.

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