주택재개발 재건축사업의 탈법운영 실태 및 대책

서지정보

ㆍ발행기관 : 한국형사정책연구원 ㆍ수록지정보 : 연구총서 / 2008권 / 1호
ㆍ저자명 : 조병인 ( Byung In Cho ) , 강석구 ( Seok Ku Kang ) , 송봉규 ( Bong Gyu Song )

영어 초록

The fundamental purpose of housing redevelopment and restructure project was to elevate quality of dwelling life first of all and to improve urban environment. The Act of Urban and Dwelling Environment Improvement inverted order of the fundamental purpose: If the purpose would be neglected, needs of housing redevelopment and restructure was forced to decrease by half. And, the housing redevelopment and restructure project neglecting the fundamental purpose should not make ill use of either expansionary policy or income distribution policy. This was because other political purposes such as expansionary policy and income distribution than the fundamental purpose were forced to lay stress on creation of business advantages and development profits. This study examined causes of evasion of the law as well as irrationality at promotion and management of housing redevelopment and restructure that not only promotion and operation entity but also management and supervisory entity neglected purposes of better quality of dwelling life as well as improved urban environment to focus on creation of business advantages and development profits. The enactment of `the Act of Urban and Dwelling Environment Improvement` was thought to be a part of the policies returning and distributing development profits to the society. The enactment of the act won the sympathy of the purposes that could prevent realestate speculation and thoughtless development: But, good purposes that allowed people to live fair and wealthy life produced bad results making residents be fallen into pains, which was thought to be regrettable. Prior to inquiry into merits and demerits, people should look squarely the realities that residents could not break the fetters of evasion of the law as well as irrationality to be a scapegoat. Various kinds of evasion of the law and irrationality were used, for instance, artificial inducement of resident suggestion of the press, excessive competition flooded with promoting committees, illegal money aid of construction companies as well as repairing and improvement businesses, confrontation between general assemblies of the residents and promoting committee, unqualified repairing and improvement businesses` participation in the project, crippled operation of general assembly of the association by abuse of written resolution, lobby selecting and making change of construction companies and other participants, and illegal acts of the association of repairing and improvement businesses, etc. The situation that all of the parties became victim could not be left as it was. This study carefully investigated regulations of housing redevelopment and restructure project in accordance with the Act of Urban and Dwelling Environment Improvement from inherent point of view to find out wrong point as well as blind point of requirements and procedures and to investigate roles of three promoting entities, that is to say, central government, local government and construction companies, etc to clarify responsibility. The findings were as follow: Even simple requirement of `density of outworn and poor buildings` that was essentially required to promote housing redevelopment and restructure project could not be reflected to assignment of improvement areas and to have no objective decision standards and to have problems not to apply from the beginning. And, the improvement area planning and assigning process neglected residents, and resident suggestion system for guarantee of resident autonomy was no more than easy method to transfer improvement plan responsibility to residents. Local governments that should protect residents` rights and interests had not principles and common senses at planning and assignment process, which was thought to be regrettable. Furthermore, wide area local government chief`s supervision on approval and permission of low level local governments was formal or nullified not to control arbitrary decision of some of low level local government chiefs and to have actual limits that either city government or provincial government supervised improvement businesses of wide areas. And, the association`s project management was found to have a lot of problems. In other words, interests of residents including tenants were difficult to reflect, and promoting committee had uncertain organization way and recruiting procedure of promoting members to create disturbance at initial stage of the project so that evasion of the law as well as irrationality was destined to occur from the beginning. In addition, qualification of promoting members and the association`s staffs could not be inspected to allow ex-convict and other unqualified persons to take the lead of the association. The improvement project businesses that were introduced to lessen irrationality of construction companies as much as possible became connection of evasion of the law as well as irrationality, which should definitely make correction. In this study, promotion and management of the housing redevelopment and restructure project had fundamental problems as follow: (1) stupidity of fundamental purposes of the project, (2) neither consideration in favor of residents in the project nor communication with residents, (3) no representation of the promotion committee of association establishment, (4) absence of systematic control and supervision of the project, (5) enlarged roles of housing improvement project business. Therefore, the study suggested soundness and fundamental reorganization of housing redevelopment and restructure project. The study suggested soundness of housing redevelopment and restructure project as follow: Firstly, enforcement requirements should be applied to lay stress on purposes of the project. Secondly, not only representation of residents of project entity but also transparency of the ones who worked for the project could construct reliability base of the project. Thirdly, standard articles of incorporation and standard management regulations and others should be actively used to let residents understand the project and to construct reliability base. Fourthly, improvement project business system should be improved to make soundness of improvement project business and to reinforce monitoring of the project. Fifthly, all of illegal incomes that were made by illegal activities should be deprived to recover excessive profits. The study suggested reorganization of housing redevelopment and restructure as follow: Firstly, the system of the Act of Urban and Dwelling Environment Improvement could be reorganized from point of view of residents to help them understand it. Secondly, density requirement of outworn and poor buildings should have objective decision standards to remind of fundamental purposes of the project. Thirdly, project promotion members might be recruited by public organizations to construct reliability base of the project. Fourthly, roles of project managers should be adjusted based on both private division and public division to simplify project procedures. And, URA in Hong Kong, LDA in the UK and the Urban Renewal Headquarters in Japan, etc were introduced in relation to construction of leading management and supervision system. The study examined not only the Act of Urban and Dwelling Environment Improvement but also housing redevelopment and restructure project in accordance with law methodology to be likely not to reflect the realities. In this study, national economy might bear burden by the methods because of approaches to evasion of the law as well as irrationality from point of view of residents. However, the author made efforts to investigate actual conditions by depth interview in order to lessen those problems as much as possible. Not only purposes of housing redevelopment and restructure project but also principles of "careful decision-making and prompt action" was likely to lessen evasion of the law as well as irrationality as much as possible at project promotion and management.

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