고시원의 공법상 지위와 쟁점

The Gosiwon is originated from reading room system that is furnished a sleep room for effective study. The sleep room is so narrow that only one people can lie on and is lacked even basic amenities. At first a great part of users of the Gosiwon was the state examinations preparers, but after the Asian financial crisis in 1997 major users were changed to low-income group. The interests between leaser and lessee is harmonized, because leaser can earn high profit by leasing many low - grade room and lessee can save money by low -price room. So the Gosiwon has been increased consistently around capital area. In past the Gosiwon was illegal because it lacked residental facilities as house, but at 2009.7.16 Building Codes legalized the Gosiwon. In spite of legalization, the Gosiwon has many problems in public law. First, the legal definition of the Gosiwon is not adequate. Building Codes looks the Gosiwon as study facility not as house. In fact the Gosiwon is used as house by low-income group, so it is reasonable that the Gosiwon is classified as house in Builing Codes. Second, the Gosiwon worsens residental environment and makes city control difficult because it is built too intensively. And the Gosiwon can not meet the minimum dwelling standard that the Housing Act requires for house. Third, the Gosiwon incapacitate zoning system which seeks to protect residental environment. Because the Gosiwon is classified as neighborhood facilities, it can be located any zone that is not adequate to live. So It is not proper to supply the Gosiwon as residence purpose to low-income group. The housing policy for low-income group should be pursued by house that satisfies the minimum dwelling standard that the Housing Act requires. It is desirable to abolish the Gosiwon.