[일반논문] 주택건설관련법제 개편에 관한 공법이론적 검토

Review of Housing Construction-Related Laws in Light of Public Law Theory

The purpose of this paper is to show various problems the Housing Construction Promotion Act has from the viewpoint of legal theory and practical application and to present concrete policy measures for solution thereof. Article 35 (3) of the Constitution of the Republic of Korea prescribes the State has the obligation to implement housing development policies. The Housing Construction Promotion Act is a kind of framework law enacted based on the said Article. The Housing Construction Promotion Act, however, has various problems. That is, 1) it does not have basic goals and ideas for the construction of housing, 2) it does not include matters on systematic development of housing, and 3) it omits the basic element that housing should be built in the areas equipped with infrastructure, lacks the matters on planned redevelopment of existing housing and on quality control of housing, and is short of the matters on the management of existing apartment houses. This study lays down the basic principles on improvement of the said Act, in which the housing is essential element for residence of citizens and should be built in harmony with the national land planning. This provides concrete and detailed references to solution of aforesaid problems for the improvement of housing-related laws.