주택법의 특성 분석과 개선방안에 관한 연구: 촉진법적 요소와 문제점을 중심으로

Abstract

The purpose of this study is first, to identify the elements of the existing Housing Act which give it characteristics of a special law, and second, to ascertain its problems and corresponding solutions. The current housing market is undergoing significant changes. As a result, there is a growing need for an improvement of the existing Housing Act, which revolves around the 1) "Mass Supply-oriented Policy" and 2) “Excessive Intervention”. This study will offer an analysis focusing on problems arising out of “promotion laws” existing in the Housing Act, especially the legal fiction of the First-class District Unit Plan (the act on the planning and use of national territory). The problems and resolutions that result from the analysis are as follows: First, in order to avoid inclusion in the First-class District Unit Plan most housing developers carry out the development of their housing development projects under the Housing Act. Therefore, an improvement in the development approval system is needed. Second, with the rise in the number of commercial buildings that do not fall under the Housing Act, there has also been an increase in the number of residential complexes to which the Housing Act also does not apply. Thus, with the current Housing Act, there is a need for a supplementary plan to systematically manage small-scale residential development projects. Third, with the gradual easing of the housing shortage of the past, the Housing Act must now undergo a legislative shift from being supply-centered to demand-centered. Thus, supplementary measures are required to improve the Housing Act, and the authority to manage housing policies must shift from the central government to the regional government.