인구감소에 따른 빈집의 법적 문제와 지방자치단체의 역할

Abstract

With the intensifying phenomena of low birth rates and an aging population, the issue of vacant houses has emerged as a significant social problem in South Korea. Particularly in rural areas and small to medium-sized cities, the increase in vacant houses is leading to various societal issues such as economic stagnation, rising crime rates, and environmental degradation. Addressing the vacant house problem requires an approach from a public interest perspective rather than viewing it merely as a matter of individual property management. This study aims to conduct an in-depth legal analysis of the vacant house problem and re-examine the roles of the state and local governments in resolving it. Specifically, by identifying the current status and issues of vacant house maintenance projects and reviewing public law-related legal issues concerning the demolition, purchase, and taking of vacant houses, the study seeks to propose legal and institutional improvement measures for solving the vacant house problem. The main contents of the study are as follows. First, the concept, procedures, and current status of vacant house maintenance projects are examined, and the definition and characteristics of vacant houses are analyzed. Vacant houses are legally defined in the Special Act on the Promotion of Urban Regeneration and the Agricultural and Fishing Villages Improvement Act, serving as the basis for local governments’ vacant house maintenance projects. Second, the relationship between the social state principle and vacant house maintenance policies is reviewed. Under the social state principle, not only the state but also local governments have the obligation to form a just social order, and intervention and coordination to solve the vacant house problem have constitutional grounds. Additionally, in situations where the residential rights of neighbors of vacant houses conflict with the property rights of vacant house owners, it is confirmed that legislators can limit property rights for the public interest through the Vacant House Maintenance Act and the Agricultural and Fishing Villages Improvement Act. Third, through a public law examination of the demolition, purchase, and taking of vacant houses, the study points out issues in current legislation and the need for improvement. The lack of explicit provisions on the management and maintenance obligations of vacant house owners leads to unclear legal grounds for demolition orders, and there are issues of fairness in the offsetting of demolition costs and the calculation of compensation amounts. Furthermore, legal grounds concerning the scope and procedures for the purchase and taking of vacant houses are insufficient, necessitating legal and institutional improvements. Fourth, the study re-examines the role of local governments in solving the vacant house problem. To promote the voluntary participation of vacant house owners, various support measures such as providing vacant house consultation services and introducing a vacant house bank are proposed. Emphasis is placed on the need for active support from local governments to enable vacant house owners to effectively resolve issues such as sale, lease, and demolition. In conclusion, the vacant house problem requires a comprehensive approach through cooperation among the state, local governments, and vacant house owners. Policy efforts are needed to improve legal systems and induce the voluntary participation of vacant house owners. Through this, the vacant house problem can be transformed from an obstacle to regional development into a new opportunity.