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Methods to acquire rights for residency on the law of city development

  • Public Land Law Review
  • Abbr : KPLLR
  • 2012, 56(), pp.207-242
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

lee jae sam 1

1가천대학교

Accredited

ABSTRACT

This means that on the federal law, human’s dignity, right to pursue happiness, and right to human life, etc., cannot be made without occupying residency. This also means that proper way of living is vital feature for human’s dignity and right to pursue happiness. In addition, National Housing Act chapter 5, part 2, number 1 sets the minimum standard of living as a human right to make a life good and proper, and number 2 tries to lower the number of households under the standard of living when the country, local organizations, and corporations proceed businesses to build resident places, and chapter 5, part 3, number 1 says that the country and local organizations need to support households uner the standard of living through offering resident places or housing fund. Also, the Built Environment Renewal Development Act chapter 1 develops those cities which need renewal or those in poor living conditions with plan, and by regulating items to make old and poor buildings better, sets the purpose of contributing on developing the city environment and enhancing the quality of livin standard. However, for the right of living, because the right of living is not stable as a result of faulty systemization of structures related to federal law of residency, the minimum standard of living, and especially policy operation of residency for low-income citizens on the Built Environment Renewal Development Act, the rights are violated or inefficient, indeed. There are differences between the reality and the contents about the policies and security, and usually there is lack of complete and detailed plans in the area with lots of low income and old households. Thus, it is necessary to establish related legal structure on residency in order to guarantee the right of residency. First of all, it is required to build the concept structure on the federal law of residency, and the settlement of residency related individual legal structure is needed. In addition, for the business of city development, the stable structure of citizens’ resident methods should be guaranteed. Guaranteeing resident right of citizens who are kicked out for city development business needs to be stipulated, and it needs to guarantee the necessity and methods of resident plan when lost it. Development business effects residents’ life styles, who lived for a long time, so that they get injuries economically, mentally, and psychologically as a result of the fluctuation in wealth, destruction of resident area, and collapse of unity. Thus, on the development business, moving plan as well as physical compensation should be widely given. This tells that active support is necessary such as giving priority for moving into public rent housing, supporting on rent fee for moving for civil rent housing, purchasing and supplying multi-family housing at concentrated area, supplying rent housing for low income households, supporting fee of parcel for citizen’s housing, supporting homeless citizens and labors to purchase housing and funding, funding for low income households, excluding income tax temporarily, expanding supplies of small housings. In addition, because self-employed small business owners among citizens of renewal area are spread a lot, it is important to let them re-settle or re-enter through ways like giving original merchants the right of lease prior to the other after completing business. In conclusion, federal establishment of resident concept, structure of individual laws related to residency, standard of low quality living, systemization of resident plan of low income households and policy operation on the law of city development. This consideration of rationality of resident plan on city development law, settlement and improvement of residency of citizens with low income is considered to contribute to improve the quality of citizens’ resident environment and their lives.

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