ScholarWorks@숙명여자대학교

초록

Land use restrictions under the Special Act on Public Housing severely limit private property rights. Under the Special Act on Public Housing, land use restrictions are being imposed by designating public housing districts, designating special management areas, and re-designating public housing districts. In particular, after the special management area is lifted, re-designating the land as a public housing district cannot be permitted without any legal basis. Permitting this re-designation is a serious violation of the property rights of landowners and others in the public housing district and violates the rule of law. In addition, designating a public housing district again after the cancellation of the special management area effectively deprives or severely limits the private property rights of the land owner and others. Even if the re-designation of public housing districts is viewed as a regulation of property rights or social binding of property rights, it significantly infringes the property rights of landowners in the public housing district and violates the principle of proportionality. The requirements for the designation of a special management area as an “area of concern for poor development” should be specifically and clearly defined. If other land use restrictions under the Special Act on Public Housing infringe property rights, reasonable compensation provisions, including the right to claim purchases, should be prepared.

키워드