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A Study on The Problems of Land Donation in The Housing Reconstruction - Focused on The Apartment Housing Reconstruction in Seoul Metropolitan City -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2012, 59(), pp.161-184
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

조기태 1 Kim, Cheol-Hong 2

1수원대
2수원대학교

Accredited

ABSTRACT

Land Donation is an essential part in the process for the Urban Redevelopment in Korea. In this study, I have studied and analyzed the problems of the Land Donation in the field of the Housing Reconstruction among the Urban Redevelopment in Seoul. Land Donation, which is already implemented by the policy or guidance of a local government regardless of having imprecise legal basis, is said to be above the law. It only conciliate the illegality and civil unrest with incentives to relax restrictions on the floor area ratio. However, an excessive demand on Land Donation is not only the financial burdens in the Housing Reconstruction, but also disrupt resettlement of original resident because of the overburden to the members of the union. Land Donation, being used like a double-edged sword as regulation and dispensation by administrative agency, should make legal basis clear and utilize an administrative measure for citizens from a tax-paying citizen's perspective. And the central government should set clear criteria for the law of Land Donation to control the arbitrary regulation acts by a local government head.

Citation status

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