"Relocation Measures" involve the creation of settlements for relocation by project implementers for those who have lost housing as a result of providing residential buildings that are necessary for implementing public services and the establishment a...
"Relocation Measures" involve the creation of settlements for relocation by project implementers for those who have lost housing as a result of providing residential buildings that are necessary for implementing public services and the establishment and execution of a basic residential facilities plan that conform to the relevant regional conditions. The "Special Provision of Housing Lots and Housing for Migrants", which forms a part of the relocation measures, involve the project implementers creating housing lots within or near the relevant project district pursuant to relevant laws such as the Housing Act and the Housing Site Development Promotion Act, constructing houses on such lots and individually supplying houses to migrants as a part of its housing lot construction projects and housing development projects. As a means of compensating for losses, relocation measures fall under the scope of reasonable compensation under the Constitution. Although the special provision measure is the most implemented measures among such relocation measures in recent years, there is no legal basis for such measure. A considerable portion regarding the detailed operation plans are dependent upon the project implementer's judgment which leaves it exposed to various issues. In light of such background, this study examines the legal issues and problems surrounding relocation measures and special provision measures and the possible solutions in connection therewith.
In order to improve such relocation measures and system of special provision of housing lots and housing for migrants, first, the relevant laws should incorporate detailed delegation provisions regarding relocation measures so that relocation measures applicable by project and by project implementer do not change and the applicable provisions and standards of relocation measures by project should be adjusted to be similar. In particular, a legal basis founded in relevant laws should be enacted with respect to the special provision of housing lots and housing for migrants. Second, relocation measures should be established at an early stage so that it may be included as a matter for ruling and the suggestions of migrants subject to relocation measures should be actively heard and reflected during the establishment and implementation stage of relocation measures. Finally, a method to increase the settlement percentage of migrants subject to relocation measures should be sought out and the disparity of the advantages between the relocation measures discussed above should be reduced.
The following legal issues are present with respect to the special provision of housing lots and housing for migrants: (1) in connection with the time in which a purchase right arises, the purchase right of migrants will arise where legal conditions of relevant laws such as the Land Compensation Act are satisfied according to the theory of relocation measure plan establishment (legal acquisition view), and it is deemed that a lawsuit in relation thereto may be disputed, (2) with respect to special provision of housing lots and housing, as the project implementer is responsible for the installation of basic residential facilities, if the project implementer supplies housing lots and housing for migrants to purchasers at an amount which exceeds a reasonable purchase price amount that has been deducted of the costs for installing basic residential facilities, the difference will be deemed to be excessive profits and should be returned to the purchasers.
Notwithstanding the arguments mentioned above, all problems that arise out of relocation measures, especially with respect to the special provision of housing lots and housing for migrants, cannot be entirely eliminated in principle. However, in resolving issues that are bound to repeatedly occur, a consistent standard should at least be established and the current system should be improved moving forward. In addition, such standard must prioritize the interests of the migrants subject to relocation measures.