公營宅地開發에 따른 移住對策에 관한 硏究 : A Study on Relocation Policy in Public Land Development

국문 초록 (Abstract)

영문초록:No one can deny that land is a public property in the point that it is basically the foundation of peoples' lives and the basis for maintaining a society and national community. For a nation whose national area is small, like Korea, it is more important to develop the national land systematically and use it efficiently. When the right to private a property, such as land, is sacrificed for public housing land development, which was introduced in the middle of the rapid industrialization and urbanization of the1970s, it is necessary to make realistic compensation to make it possible for the person whose land is condemned to continue to live as peacefully and decently as the person had done earlier, in addition to paying the price for the land condemned for the public project.The system for the compensation of losses due to public projects was controlled under the Land Expropriation Act and the Special Act on Acquisition of Land for Public Projects and Compensation for Loss. Later, the Act on Acquisition and Compensation for Land, etc. for Public Projects was enacted for control of the compensation system. In this connection, the following points in the current system still need to be adjusted :First, minimum standards for taking measures for those who need to move due to condemnation of their land and those eligible for such measures shall be stated in the relevant law.Second, a benchmark date for the application of the measures or standards stated in the above-mentioned "standards" shall be clearly stated in the relevant law to prevent landowners' unreasonable demand and disputes. Third, tenants who are excluded from those eligible for measures under the relevant law shall also be included as beneficiaries of the measure stated in the above-mentioned "standards" and they must be provided with the compensation for the housing expenses for at least a six month period instead of the current three months to obtain cooperation from the people most affected, who may be economically or socially underprivilegedFourth, it is necessary to reduce or exempt capital gains tax to reduce the burden of landowners who have to move due to land condemnation for public projects. It is also necessary to ensure that capital gains taxes are levied on the basis of benchmark land prices, as it is now levied based on compensation amounts or the actual transaction price in the case of land designated as a land speculation area.The Seoul Metropolitan City Government's measures concerning those who have to move out of their places of residence due to public projects need to take the following points into account, which will help the authorities carry out public projects more smoothly, without complaints from those affected through amicable deliberation with them.First, the authorities shall provide land for the house-owners to remove the complaints which were made repeatedly and continually due to the lack of proper measures. Those affected shall be given wider choices related to the right to move into newly-built apartments, including those larger than 85㎡, instead of those sized 85㎡ which are now provided for them.Second, tenants who must move out of the place they used to live in due to a public project shall also be given wider choices, including the right to move into wider rental apartments, up to those sized 85㎡ or smaller. Currently, their choices are up to those sized 40㎡ or smaller. Third, those who used to be engaged in a commercial businesses or in farming in an development area shall be given the more widened right to occupy a space in a mall (through lottery if the supply quantity is not sufficient) to ensure that all of them will be benefited from the right through the partial ownership-system, as shown in the precedents carried out by the Korean Land Corporation or the Korea National Housing Corporation. For factories that find it difficult to move and obtain approval for business elsewhere, the authorities shall try to find alternatives that will enable them to continue their operations in consultation with relevant districts.Fourth, Seoul City's 'Measures concerning Those Who Should Move Elsewhere for Residential Site Development Projects' and 'Measures concerning Those Who Should Move Elsewhere for Urban Development Projects' shall be "united into one" for more efficient and equitable actions in further similar cases.If the relevant systems or Seoul City's Measures are improved by reflecting the foregoing items for the public projects, it will contribute to performing the public projects efficiently in the future