단독주택단지 재건축 정비 사업에 관한 공법적 쟁점 연구

Housing reconstruction projects implemented to improve residential environments in the area wherein rearrangement basis facilities are good, but the worn-out and inferior structures are concentrated. This project aimed to construct new apartment complexes. It is based on the removal of existing worn-out apartment complex structures, but includes removal of detached houses and multi-family houses. There happened so many legal disputes surrounding the detached house complex reconstruction projects in the Republic of Korea. This paper is planned to set a typical case in this matter, to arrange the legal problems and to suggest the measures of legislative improvement. The first discussion point in this paper was the fundamental question whether the detached house complex could be the object of the housing reconstruction project according to the Korean administrative law; Act on the Maintenance and Improvement Of Urban Areas and Dwelling Conditions For Residents. Because the basic condition for the housing reconstruction project was not regulated in this act and it is comprehensively delegated to the enforcement decree, it is not in harmony with the Korean constitutional principle. The next discussion point was the urban planning system about the housing reconstruction project of the detached house complex. A master plan for urban and residential environment rearrangement should formulate every ten years. A rearrangement plan should be formulated to the extent compatible with a master plan. The legal character of the mater plan and the rearrangement plan and the lawsuit measures against them was analysed in this paper. The last discussion point was the possibility of the participation of the detached house owners to the planning process. The Act on the Maintenance and Improvement Of Urban Areas and Dwelling Conditions For Residents regulated that the head of the city shall hold an explanatory meeting for residents after giving written notice to residents thereof, make the rearrangement plan available for the residents for at least 30 days and gave the owners of detached house the right of the proposal of a rearrangement plan and of a cancellation of the designation of rearrangement zone. These regulations were targeted to maintain the basic frame of the master plan and rearrangement plan, to develop successively and to change the worn-out structure to the new constructed apartment complex. There are few room for the minor opinion for the maintenance of the detached houses. The legal problems of the regulations of the participation was arranged, and the measures of legislative improvement was suggested in this paper.