저렴주택 공급의 효율화에 관한 법적 연구-사회통합형 용도지역제(Inclusionary Zoning)의 도입을 중심으로-

Government in Korea has implemented a policy which supplies 5,510,000 units of public rental housing to reinforce residence stability. Furthermore, for zoning in relation to affordable housing, in accordance to the third clause of Article 85 of “Enforcement Ordinance of The National Territory Plan and Use Act”, the government could permit a relaxed floor area size or additional constructions of rental housing which is below 20 percent of floor area size based on the provision of rental housing. Added to this, in accordance to Notice of Ministry of Land, Infrastructure, and Transport, the government compels developers to build infrastructures intended for rental housing to promote Housing environment improvement project, redevelopment project and reconstruction project. However, the afore-mentioned policy resulted to the imbalance of supply and demand of rental housing due to absence of detailed study of the present characteristics of each regional area. Furthermore, this could lead to a more serious problem of Exclusionary Zoning wherein people are being excluded for they cannot afford to live in such area due to government stipulation in regards to minimum lot size or floor area size. Thus, we need to review the introduction of Inclusionary Zoning which is a planning intervention of land use which promotes incentives and moreover sufficient allotment of affordable housing dwellings that would be beneficial to the much larger group of society. Inclusionary Zoning in Australia has been developed by non-profit organizations and has made developers to include in their projects some percentages of affordable housing for high-need groups. In other words, Australia has its strength not only guaranteeing the minimum quantity of affordable housing in order for the high-need groups to have an access of such and as well as to secure a sufficient provisions of affordable housing. Therefore, in introducing a similar system of Inclusionary Zoning based on the above-mentioned country, there is a need to set up certain proportions of compulsory affordable housing provision by stipulating such in the Inclusionary Zoning ordinance. After further deliberation and consideration of necessity of introduction of Inclusionary Zoning in accordance to present situation of affordable housing provision being implemented by the government. However, we have to be cognizant as well in regards to whether such provision could lead to violation of constitutional rights such as property rights and rights to equality and if so, further legal analysis should be made. On this occasion, it would have to maximize efficiency of Inclusionary Zoning by utilizing additional relaxed affordable housing restrictions and the other incentives to developers.