Legal Review of the Public Reconstruction Project (공공재건축사업에 대한 법적 검토)

Myung-Ho， BAE (배명호)

Legal Review of the Public Reconstruction Project

Public Land Law Review
Abbr : KPLLR
2021, 93(), pp.89-113
Publisher : Korean Public Land Law Association
Research Area : Social Science > Law
Received : February 1, 2021
Accepted : February 22, 2021
Published : February 25, 2021

Myung-Ho， BAE ¹

¹(주) 제일감정평가법인

Accredited

ABSTRACT

This study is to conduct legal review of a public reconstruction project (public-participated high-density reconstruction) according as the government announced a public reconstruction project as a part of the housing supply plan with related ministries to the effect that it will increase housing supply by increasing public participation in reconstruction projects under the measures against housing shortage on August 4th 2020. The legislature has recently presented a legislation bill in the National Assembly to support its legal grounds. Under 「Urban Regeneration Act」, the purposes of enacting the existing reconstruction and redevelopment projects are to improve the urban environment by efficiently ameliorating old and poor buildings and to enhance the quality of residential life, constructing and supplying houses incidental to the project. In other words, housing supply is not the primary but an subsidiary purpose. The public reconstruction project is a new type of maintenance projects aiming at housing supply, paying more attention to the subsidiary purpose which is usually sought by the existing reconstruction projects. Historically, the present reconstruction and redevelopment projects differ in the purpose of enactment. Accordingly, the term, ‘Public Redevelopment Project’ seems familiar, but the term ‘Public Reconstruction’ is not a proper concept in light of the legislative background of the existing reconstruction projects. To prove this, first, the existing redevelopment and reconstruction projects are reviewed, chronologically and comparatively, and second, the public reconstruction project and public redevelopment & the existing reconstruction projects are compared. After all, unlike the disposal-centric redevelopment project which is under strong control of public law control, the reconstruction project is an article-centric project which respects private autonomy. The public reconstruction project also respects private autonomy, and in this respect, the public reconstruction is the same as the existing reconstruction project. The legislation bill is understood to have neglected the chronological and comparative review of the existing redevelopment and reconstruction projects. While the public redevelopment project has so great public interest that the weight of interest is not needed to be measured in relation to other interest of housing supply, the public reconstruction should confer much more legal consideration on the weight of the public and private interests In Conclusion, the public reconstruction project shall be faithful to the original purpose of the law on the improvement of the urban environment in that it is institutionalized based on private autonomy, and it is difficult to settle down as a legal system if focused on the subsidiary purpose.

KEYWORDS

Public reconstruction project, Existing reconstruction and redevelopment project, Public redevelopment project, Disposal-centric type, Article-centric type, Private autonomy

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Public Land Law Review 2023 KCI Impact Factor : 1.14