？재건축초과이익 환수에 관한 법률？의 법적 쟁점과 과제

Legal Issues and Tasks of Reconstruction Excess-Profits ActKim, Su-KabYoe, Gyoeng-SuThe purpose of this study is to analyze the Reconstruction Excess-Profits Act.Reclaiming "development profits" from "reconstruction" is clearly progress, in that it formalizes the principle that it cannot pocket the returns from land development. These plans come as follow-up measures to the August 31 Real Estate Measures. Key to their success will be consistency and public confidence. If the real estate market becomes stagnate, or if there is a change in government, people expect policy to change and that by itself makes measures such as these half as effective. Reconstruction development charge means that a part of development gain reverted to the project executor in excess of normal apart prise is assessed by Reconstruction Excess-Profits Act and it is the system to realize the economic justice and foster the effective use of land.Reconstruction Development charge system has not achieved the economic justice to the unfair charge from the loss of objectivity of the price of land valuation, the pressure of financial resource paid from intense rate of taxation of unrealized profit, a possibility of infringing on private property rights, limitation of mandate legislation of business regulation of assessment object of development charge, etc.We desire that the Reconstruction Excess-Profits Act realize to comfortable housing for all citizens through possible means in the bounds of constitutional policies.