빈집 정비사업의 공익성과 공법적 재검토 - 한·일간의 비교법적 검토를 중심으로 -

Recently, the number of ‘unoccupied houses’ is increasing in Korea, and this is no longer a problem only for rural and rural areas, but a nationwide problem. Accordingly, in February 2018, 「Act on Special Cases concerning unoccupied house or small-scale housing improvement」 was enacted and implemented. However, the Act has limitations in that it is a legal system centered on small-scale housing maintenance projects, lacks a provision on liability for owners of unoccupied houses, and lacks regulations on unoccupied house utilization regeneration projects through resident participation. On the other hand, Act on special measures for unoccupied houses of Japan is a specialized law that only regulates the maintenance of unoccupied houses, and it takes various administrative measures by clearly distinguishing the concept of empty houses into ‘general unoccupied houses’ and ‘specific ones’. The Act of Japan imposes responsibilities on unoccupied houses on the owner who is the cause, induces voluntary demolition, measures administrative proxy execution, and is responding in the form of utilization-type unoccupied houses regeneration while focusing on the recycling, utilization and prevention of unoccupied houses. The revision of the Act of Korea in the future should start with a reexamination of the public interest and functional distribution based on these limitations and the implications of Japan. ① Regarding the underuse of the owner of unoccupied house, one's ownership constitutes a mutually beneficial community and at the same time follows restrictions. Revision of the law should be pursued in the legal dogma of taking responsibility for the police. And ② In relation to the demolition order for the unoccupied houses, it is necessary to legislate a system of administrative control mechanisms that are clear at a glance because it will have to be carried out in full consideration of the amount of profit between the private and public interest. And ③ In accordance with the Act, unoccupied houses at risk was reported and an on-site investigation was conducted, but if the administrative agency does not take any administrative measures, the neighboring residents should consider that the right to demand appropriate measures for the unoccupied houses that is old enough to be subject to demolition. It is also necessary to consider the provision of a regulation on national liability in case of violation. On the other hand, the Act uses administrative means of immediate coercion, administrative guidance, and compulsory payment to achieve the administrative purpose of unoccupied houses maintenance, and needs to be amended in a form that complies with the relevant provisions of the 「General act on public administration」 and 「Administrative Procedures Act」. In addition, it seems necessary to re-examine and reorganize the limits of effectiveness in relation to the compulsory performance payment. Lastly, the Act needs to explicitly stipulate the establishment of a public-private cooperative administrative system. In particular, it is necessary to actively reflect the opinions of local residents in order to promote appropriate prevention and utilization for unoccupied houses.