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Legal issues concerning the application of public implementers in the reconstruction project and housing improvement project in a city block - The boundary between the expropriation and request for sale according to the 2・4 real estate policy -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2021, 95(), pp.45-71
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 31, 2021
  • Accepted : August 23, 2021
  • Published : August 25, 2021

Hong, Sung-Jin 1

1대한건설정책연구원

Accredited

ABSTRACT

The government announced a public-led housing supply plan for early stabilization of the housing market on February 4, 2021. To support the government's policy, the National Assembly proposed a partial revision of 「Act on the Improvement of Urban Areas and Residential Environments」 and 「Act on Special Cases Concerning Unoccupied House or Small-scale Housing Improvement」. The main Content of 「Act on the Improvement of Urban Areas and Residential Environments」 is newly establish ‘public implementers’ of Korea Land and Housing Corporation or a local government-invested public corporation in which expropriation and then supplies it to the owners of land in reconstruction zone. 「Act on Special Cases Concerning Unoccupied House or Small-scale Housing Improvement」 is similar. However, a careful legal review is necessary in that the public work of promoting rapid housing supply by exercising the right of expropriation in reconstruction and housing improvement project in a city block can overshadow the purpose and nature of urban improvement promotion. It is necessary to review the public work of the reconstruction project and the housing improvement project in a city block, examine whether the legislation is valid or not, focusing on legal issues that compare between the expropriation and request for Sale. In determining the public work of reconstruction projects and housing improvement project in a city block, the expropriation violates the principle of proportionality. Also, there are problems with the possibility of expanding the reckless acceptance method to other businesses and the abolition of the request for sale. In order to expropriation, the principle of proportionality shall be observed and paid just compensation. In addition, the request for Sale similar to expropriation is contributing relatively to the protection of the property rights of those who do not agree and therefore requires boundary setting for expropriation and request for sale

Citation status

* References for papers published after 2022 are currently being built.