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A Study on Issues Regarding Improvement of the Special Act on Public Housing

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 74(), pp.151-179
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Sunbae Lee 1

1선문대학교

Accredited

ABSTRACT

While the existing ‘Rental Housing Act’ is applicable to privately-built rental housing and publicly-built rental housing, the Special Act on Public Housing is governing the provisions regarding publicly-built rental housing and publicly-built sales housing. The Special Act prescribes matters necessary for constructing, supplying, and operating public housing in order to contribute to providing housing stability for moderate income households and to improving the level of their housing conditions. The special Act is applicable to public housing and the size of public housing offered for moderate income households is smaller than that of National Housing. The Special Act vests the Minister of Land, Infrastructure and Transport with enormous authority. The characteristic of the Special Act is to prescribe that approval for the designation of public housing site and for the plans for public housing construction projects obtained from the Minister of Land shall be deemed to have approval, permission, decision, deliberation, etc. granted under other Acts. The provisions of the Special Act are structured to prescribe various cases to swiftly cope with the continuous increase of needs for public housing and are specified to apply only to public housing to overcome limitations which the existing rental housing laws could not cover. It seems that 'the Special Act on Public Housing' is the product of efforts to improve incomplete and unsystematic legal system shown in the existing Rental Housing Act. However, the Special Act still stays in its incomplete phase of development. Also, the Enforcement Decree thereof and the Enforcement Rule thereof can be said to be in the process of development. The provisions of the Special Act have been sub-classified into such categories as supply, demand, management and operation, and supervision and been analysed accordingly. The results are follows: A double definition of public housing; ensuring fairness in the Public Housing Integration Deliberation Committee; resolving issues of housing instability among the poorest households; belittling of issues relating to exercising a rent-to-own option before the lease expires; provisions regarding unilateral upward adjustment made for leases; provisions prescribing an agreement between a lessor and a lessee; the possibility of neutralization of the special Act conducted by managing and supervising authorities; issues arising from operating lease dispute settlement committees established under the jurisdiction of each Si, Gun, and Gu.

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