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Study on the legal principle of the right to housing

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 75(), pp.295-312
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Lim, Suk-Nyeo 1,  박희원 1

1남서울대학교

Accredited

ABSTRACT

What it can be said right to housing “the rights that everyone enjoy the Appropriated housing conditions” or “right to enjoy suitable housing conditions of human dignity.” It means the right to be able to secure the stability of the Housing, and it also means the right to enjoy an appropriate economic, social and cultural environment. This may be protected from the threat of forced evictions and an unfair invasion of privacy and meaningful work and neighbor relations, enjoy the possibility of an appropriate cultural life, such as the right not to be alienated or exclusion from the social net. Up to now, the nation market focuses on expansion of quantitative housing development and have solved the housing problem. Becuase of that eviction and demolition of the people's right to housing was encroached. None the less discussion on the right to housing is not be occurred actively. In recent years the discussions are being made on the right to housing but it is hard to say on society of our country’s Housing right, encompassing the concept of great significance are universal. And current situation about claim of a natural rights are not made formation of consensus. The right to housing is a basic right and it will be described as human rights. But, until now the right to housing are not recognized in our law. And these days, unease of citizens about the residence are growing because of rising of lease price. No exaggeration to say that humanity, on the quality of life is start from the premise to stabilize residential housing right. Recognizes the significance and concept of the “right to housing” throughout society and spread out, furthermore to settle in institutionalizing citizen and it should allows them to live a human life in a pleasant residential environment. And It is responsible of government, local government, civil organizations, and also all the members of citizens. In order to do that, perceptions of the home should be changed from conscious and think that means wealth. Furthermore the law for housing right should not be accessed in welfare aspects. And right to housing should be an essential requirements for human dignity guaranteed beyond the well-being. In other words, it should be guaranteed for the 'right to housing' rather than the 'welfare housing'. All human beings are recognized for the right to live in adequate housing environment, it must be legally declared and guaranteed. And it is an essential requirement can do a decent life. In other words, legal and institutional atmosphere should be made that can be recognized as natural rights.

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