주택재개발ㆍ재건축사업의 제도적 문제점 및 향후 입법과제

Abstract

The fundamental purpose of housing redevelopment and restructure project was to elevate quality of dwelling life first of all and to improve urban environment. The Act of Urban and Dwelling Environment Improvement inverted order of the fundamental purpose: If the purpose would be neglected, needs of housing redevelopment and restructure was forced to decrease by half. And, the housing redevelopment and restructure project neglecting the fundamental purpose should not make ill use of either expansionary policy or income distribution policy. This was because other political purposes such as expansionary policy and income distribution than the fundamental purpose were forced to lay stress on creation of business advantages and development profits. So good purposes that allowed people to live fair and wealthy life produced bad results making residents be fallen into pains, which was thought to be regrettable. Prior to inquiry into merits and demerits, people should look squarely the realities that residents could not break the fetters of evasion of the law as well as irrationality to be a scapegoat. The situation that all of the parties became victim could not be left as it was. This study carefully investigated regulations of housing redevelopment and restructure project in accordance with the Act of Urban and Dwelling Environment Improvement from inherent point of view to find out wrong point as well as blind point of requirements and procedures. The study suggested soundness of housing redevelopment and restructure project as follow: Firstly, enforcement requirements should be applied to lay stress on purposes of the project. Secondly, not only representation of residents of project entity but also transparency of the ones who worked for the project could construct reliability base of the project. Thirdly, standard articles of incorporation and standard management regulations and others should be actively used to let residents understand the project and to construct reliability base. Fourthly, improvement project business system should be improved to make soundness of improvement project business and to reinforce monitoring of the project. Fifthly, all of illegal incomes that were made by illegal activities should be deprived to recover excessive profits. The study examined not only the Act of Urban and Dwelling Environment Improvement but also housing redevelopment and restructure project in accordance with law methodology to be likely not to reflect the realities. In this study, national economy might bear burden by the methods because of approaches to evasion of the law as well as irrationality from point of view of residents. However, not only purposes of housing redevelopment and restructure project but also principles of "careful decision-making and prompt action" was likely to lessen evasion of the law as well as irrationality as much as possible at project promotion and management.