주거권의 법리적 쟁점과 보장법제에 관한 연구

Abstract

The right to housing refers to “everyone’s right to enjoy an appropriate housing,” “right to enjoy housing conditions befitting human dignity,” and “meeting a minimum standard in human residence.” Recognizing the right to housing means acknowledging that everyone has a right to live a life in a decent housing. By doing so, the state confirms that it is responsible for guaranteeing such right. Claiming for the right to housing through citizen movements or various social campaigns can serve as a realistic basis to secure it. In order for the same to be declared as a right, its contents to be finalized, and it to be requested to the government not as a matter of dispensation but as a matter of oughtness (the state of being as a thing ought to be), argument over the right to housing should be mature and such should be expressed in legislation. However, the right to housing under Korean law is an unfamiliar concept even nowadays. To a certain extent, it is understood that there exists a need for a measure of dispensation from the state in the form of government’s housing benefits though housing policies or cost-of-living allowances of many of kinds. However, social consensus doesn’t seem to be reached when it comes to claiming the right as the fundamental right. Since the right to freedom of even the socio-economically strong can be infringed upon anytime, it’s not difficult for anyone to perceive the right to freedom as the fundamental right. However, such perception is not applied to the right to housing of the socially weak which is easily encroached upon and tends not to be recognized as a fundamental human right. This is maybe because there is still a strong tendency where the issue of residence is not seen at the national or social level but seen at the personal or individual level only. It may be realistic and natural to see a legislation to guarantee the right approached from the perspective of welfare. However, it should not be overlooked that the right to housing going beyond a mere welfare issue should be a prerequisite for guaranteeing human dignity. It is not about guaranteeing housing welfare but about guaranteeing the right to housing itself. Each and every human being should have their right to live in a decent living environment guaranteed, and this should be stated and guaranteed in legislation. There should be a legal environment created where a living worthy of human dignity is recognized as the fundamental right that goes well beyond receiving benefits of dispensation to secure a minimum standard of living.