@article{ART002745021},
author={Heo, Kang Moo},
title={Legislative Tasks of the Financial Aid System for Resettlement in Public Works},
journal={Public Land Law Review},
issn={1226-251X},
year={2021},
volume={95},
pages={125-144}
TY - JOUR
AU - Heo, Kang Moo
TI - Legislative Tasks of the Financial Aid System for Resettlement in Public Works
JO - Public Land Law Review
PY - 2021
VL - 95
IS - null
PB - Korean Public Land Law Association
SP - 125
EP - 144
SN - 1226-251X
AB - The financial aid system for resettlement was introduced in 1989 as part of Relocation measures. The financial aid for resettlement is a fund paid by the project operator to a person who loses the basis for living in the process of the operator implementing Public Works to provide residential housings. The financial aid system for resettlement contributes to the rapid implementation of Public Works at low costs without implementing Relocation measures in road projects or small-scale urban planning facilities projects, etc.
However, there have been constant calls for improvement of the current financial aid system for resettlement due to equity issues with other Relocation measures and too insufficient amounts to restore previous living conditions. Problems such as conflicts with residents have been building up because the financial aid system for resettlement in Public Works does not reflect the reality of environmental changes in economic society, such as rising housing prices and costs. The purpose of this study is to examine the legislative history and legal nature of the financial aid system for resettlement in Public Works, derive the problems of the financial aid system for resettlement, and present the direction of improvement in the legislative policy of the financial aid system for resettlement as follows.
First, given the increased demands for compensation for living, the increase of vacant houses, and the hollowing of rural communities, the minimum household standard required to establish a resettlement plan needs to be strengthened from 10 to 5. In the mid- to long-term, a legislative policy needs to be implemented to abolish the minimum household standard, which is "less than 10 households who wish to move to a resettlement place among those subject to Relocation measures" in order to enhance equity between "the resettlement targets by a public project that establishes a resettlement plan" and "the resettlement targets by the payment method of the financial aid for resettlement".
Second, the upper and lower levels of resettlements funds should be flexibly set in conjunction with housing prices and costs. To this end, it is necessary to change the method of revising the 「Implementation Rules of the Act on Acquisition and Compensation for Land, etc. for Public Works」 to the method of issuing the Public Notification of the Minister of Land, Infrastructure and Transport annually.
Third, as for urban planning facilities (road) projects implemented as part of or in connection with Public Works, such as redevelopment and reconstruction projects and multi-housing construction projects in residential environment improvement zones, the legislative policy needs to be improved to make an exception in the direction to supply apartments in the project area, instead of resettlement payments, in the case that those subject to Relocation measures wish to receive apartments.
KW - Public Works;Relocation measures;Financial aid for resettlement;Just Compensation;Living compensation
DO -
UR -
ER -
Heo, Kang Moo. (2021). Legislative Tasks of the Financial Aid System for Resettlement in Public Works. Public Land Law Review, 95, 125-144.
Heo, Kang Moo. 2021, "Legislative Tasks of the Financial Aid System for Resettlement in Public Works", Public Land Law Review, vol.95, pp.125-144.
Heo, Kang Moo "Legislative Tasks of the Financial Aid System for Resettlement in Public Works" Public Land Law Review 95 pp.125-144 (2021) : 125.
Heo, Kang Moo. Legislative Tasks of the Financial Aid System for Resettlement in Public Works. 2021; 95 125-144.
Heo, Kang Moo. "Legislative Tasks of the Financial Aid System for Resettlement in Public Works" Public Land Law Review 95(2021) : 125-144.
Heo, Kang Moo. Legislative Tasks of the Financial Aid System for Resettlement in Public Works. Public Land Law Review, 95, 125-144.
Heo, Kang Moo. Legislative Tasks of the Financial Aid System for Resettlement in Public Works. Public Land Law Review. 2021; 95 125-144.
Heo, Kang Moo. Legislative Tasks of the Financial Aid System for Resettlement in Public Works. 2021; 95 125-144.
Heo, Kang Moo. "Legislative Tasks of the Financial Aid System for Resettlement in Public Works" Public Land Law Review 95(2021) : 125-144.
