Prior to the enforcement of the「urban and residing environment improvement law」, although housing Redevelopment and housing Reconstruction have performed almost the same functions in reality, the housing Redevelopment has been mainly dealt with in...
Prior to the enforcement of the「urban and residing environment improvement law」, although housing Redevelopment and housing Reconstruction have performed almost the same functions in reality, the housing Redevelopment has been mainly dealt with in the area of public law and generally the housing Reconstruction in the area of private law.
Therefore, although they conducted similar functions, it was undesirable to see both as the subject of the study.
Yet, both the housing Redevelopment and the housing Reconstruction are subject to regulations by the same「urban and residing environment improvement law」,and the public interest was reinforced by the「urban and residing environment improvement law」.
And there have been many disputes or conflicts in the past or even the present time concerning the housing Redevelopment.
What type of legal regulations or legal principles can solve those disputes or conflicts has growing a significant target of public good and private interests.
In consequence, this study reviews comprehensively what kinds of legal issues are waited on by the disputes or conflicts in relation to housing Redevelopment, how such legal issues should be worried out by what sort of legal regulations and legal methods.
In addition to, housing Redevelopment is a system made to expand our infrastructure and to raise housing life quality with effect by improving aging and deteriorated houses.
Therefore, it needs to expand our infrastructure and to satisfy those public good and private interests by mitigating regulations on the housing Redevelopment.
On the other hand, housing Redevelopment is operated for the practical purpose of generating profits from development.
So, it brings about speculations and causes serious social problems such as sense of comparative resentments and deprivations.
It is also necessary to impose strict regulations on the housing Redevelopment from the public law perspective.
It is a constitutional issue that different constitutional values mutually conflict with, and, at once, it is a matter of administrative law when it comes to interpreting and applying detailed rules and regulations.
And, in some cases, this is a matter of private law problems which cause diverse relations of civil laws.
Further, it can cause legislative problems which cannot be overcome by the framework of current law.
Therefore in this study, there were some reviews on the harmonization between the public good and the private interests through the system reformation in the housing redevelopment in Seoul