재건축 사업의 문제점과 개선방안에 관한 연구 = A Study on the Problems and the Solving Methods of Residential Housing Reconstruction

다국어 초록 (Multilingual Abstract)

The Reconstruction and remodeling of housing can be seen through a variety of lenses, be it institutional, social, economic and or technical. Each lens plays an important role setting the parameters of a project.
This study is focused on the ways of how to improve the reconstruction business which is found in the course of propelling the business centering on 「urban and housing environment improvement law」july 2003.
Housing Reconstruction is a system designed to enhance housing life quality by efficiently improving aging and deteriorated houses and it is an important means of recognizing the fundamental rights including the right to pursue happiness, right to own property, right to freedom of residence, and others under the Korean Constitution. On the other hand, Housing Reconstruction is performed for the practical purpose of generating profits from development. So it evokes speculations and causes serious social problems such as sense of comparative resentments and deprivations.
And there have been many legal disputes or conflicts in the past or even the present time concerning the Housing Reconstruction. How those disputes or conflicts an be solved by what kind of legal regulations or legal principles is becoming a significant matter. Therefore, this study reviews comprehensively what kinds of legal issues exist in regards to the disputes or conflicts in conjunction with Housing Reconstruction, how such legal issues should be arranged by what kinds of legal regulations and legal principles, and how hose disputes or conflicts should be solved.
We need to focus on several distinctive features of「urban and housing environment improvement law」. First it will be enforced by housing association alone or with may or, country head man, housing public corporation together, and because a builder will be selected by competitive bid after project enforcement authorization, he will merely be a status of undertaker. Secondly whenever safety diagnosis applications are done, the mayor or the countryman should decide through hearing from Korea Infrastructure Safety & Technology Corporation orKoreaInstituteofConstruction Technology and the mayor or the countryman can request for investigation about the appropriateness to Korea Infrastructure Safety & Technology Corporation or Korea Institute of Construction Technology. So the standard of safety diagnosis was very strengthened.
New controling policies for reconstruction emphasize and increase indirect profit for those who have already obtained permits by demanding more outright investment. However, critics argue that since these policies are limited to speculation-prone areas and affect housing supply, they may cause fluctuations depending on market realities and spur a lack of confidence in government policy. While the interim solutions may postpone some reconstruction plans, they do not solve more fundamental problems facing the industry.
By looking at the market's response to t/he government's policy, it is obvious that the lopsided anti-reconstruction policy will not be able to solve the problems at hand. Government policy cannot change people's expectations about apartments slated for reconstruction; these are determined by the realities of neighborhoods, high demand, and surrounding infrastructure. In Seoul, where there is no more land to build housing there are reconstructions on land use and housing because of people's insatiable desire for new housing sites. And in surrounding Gyeonggi Province, only public land has been suitable for housing since semi-agricultural restriction policies came into effect. We have thus seen an acute shortage of supply. The pursuit of elegant but comfortable homes is increasing and the solution ins to both revitalize remodeling and promote effective reconstruction efforts.
The solution lies in deregulation and increasing housing supply. A policy relying on strict regulations and neglecting the cycle of supply and demand will have a spring-like effect. We must supply bigger apartment now by supporting large scale "new town" developments to relieve the pressure on Gangnam. Only focusing on controling prices through regulation without supplying more housing will ultimately aggravate the problem. Even prices that the regulations have managed to artificially keep down will eventually rise.
To conclude, the government's restriction policy must be modified. Restrictions on reconstruction must be lessened and the government should listen to the citizens' demands by coming up with a new policy that suits them and the market. However, new policies concentrated in a certain area fail to create ripple effects throughout the entire real estate market. Easing the tax system and restrictions on reconstruction while simultaneously vitalizing and revising the remodeling methods would be of maximum benefit. The synergy created will be viewed optimistically by the citizenry, and the time it takes to stabilize real estate prices will be shortened.

목차 (Table of Contents)

• 표목차 = ⅲ
• 제1장 서론 = 1
• 제1절 연구의 목적 = 1
• 제2절 연구의 범위와 방법 = 3
• 제2장 이론적 고찰 = 4
• 제1절 정비사업의 개념 = 4
• 1. 정비사업 개념 및 범위 = 4
• 2. 정비사업의 유형 및 근거 = 8
• 제2절 정비사업의 비교 = 11
• 1. 국내 정비사업의 비교 = 11
• 2. 국외 재건축 사업 = 13
• 제3장 추진실태 및 사례검토 = 19
• 제1절 재건축사업의 추진절차 = 19
• 1. 재건축사업의 결의단계 = 19
• 2. 재건축사업의 시행단계 = 21
• 3. 재건축사업의 완료단계 = 24
• 제2절 추진실태 = 28
• 1. 연도별 주택보급 현황 = 28
• 2. 추진실태 = 30
• 제3절 추진 사례 = 34
• 1. 사례 선정 개요 = 34
• 2. 추진내용 = 38
• 3. 사례에서의 시사점 = 50
• 제4장 문제점 및 개선방안 = 54
• 제1절 문제점 = 54
• 1. 안전진단 측면 = 54
• 2. 동의요건관련 측면 = 56
• 3. 임대주택 의무건설제도 측면 = 58
• 4. 개발이익 환수제도 측면 = 68
• 5. 사례로 본 문제점 = 73
• 제2절 개선방안 = 75
• 1. 안전진단측면 = 75
• 2. 동의요건의 측면 = 78
• 3. 임대주택 의무건설제도 측면 = 79
• 4. 개발이익 환수 측면 = 84
• 5. 사례로 본 개선방안 = 87
• 제5장 결론 = 90
• 참고문헌 = 93
• Abstract = 95