City and residential environment maintenance law was enforced from July 1, 2003 by integrating maintenance projects fulfilled by past specific identification. If definition of maintenance project is analyzed in the extended concept, real estate fulfil...
City and residential environment maintenance law was enforced from July 1, 2003 by integrating maintenance projects fulfilled by past specific identification. If definition of maintenance project is analyzed in the extended concept, real estate fulfills maintenance project by designating maintenance district requiring reorganization to effectively use lands limited with the uniqueness of increasing no more. Meanwhile, in the concept of consultation, with the purpose of maintain poor and obsolete residential environment on purpose by the purpose of city and residential environment maintenance law, its goal is to raise quality of residents' residential environment which is the center of city environment improvement and maintenance project area.
Maintenance project can be classified as residential environment improvement project, housing re-development project, housing re-building project, and city environment maintenance project by type and with revision of current law, it is planned to be fulfilled by adding residential environment management project and street housing maintenance project. In the end, all maintenance types are the projects of organizing improvement infrastructure by the definition or improving buildings such houses, etc.
Meanwhile, standards to determine renewal district are determining based on obsolete and poor buildings with poor improvement infrastructure. Hence, maintenance project on obsolete and poor buildings with poor improvement infrastructure has strong public characteristics and necessary maintenance project. Meanwhile, maintenance project on the relatively obsolete and poor buildings with good improvement infrastructure can be considered as the maintenance project of private characteristics and in that case, problems occur around argument over diverse benefits and rights occurring in the maintenance project fulfillment course.
It is necessary to pay attent to that courts handled cases in the judical area before past laws legislation on problems occurrence and now change to the public area. In the end, city maintenance project has the important on the jurisdiction and the role of intendance which is the main agent of maintenance project, not personal issue and given that approval, etc required in each procedure is the essential element, it is analyzed to have strong public characteristics.
Currently, city and residental environment maintenance law was revised on February 1, 2012 and will be enforced on August 2, 2012. The reason of revision was to minimize social loss occurring from the delay of maintenance project by the current poor real estate market and it is necessary to revise laws for the effective maintenance project by the world economic flow along with the rapid social change. But, if the law revision repeats relaxing and reinforcement by simple economic flow, confusion by this influences project enforcement bodies and residents and can cause more national and social loss.
Problems suggested continuously in the maintenance project after the law legislation are the inadequacy of system relating to residents participation, promotion of union establishment, and selecting union members and the inadequacy of standards of selecting maintenance project management companies and demolition companies including construction companies which will participate in the maintenance project after the approval of union establishment. Also, many problems by each procedure of maintenance project such as purchase offering right and unconstitutionality of purchase offering right on those who don't agree in union for the effective maintenance project are brought up continuously. Therefore, the study analyzed problems focused on meaning and procedure along with change of laws and city and residental environment maintenance and by analyzing improvement plans on the problems, will suggest more systematical directions.