사회국가와 지속가능한 주택법 정책

The principle of the Social State means that the state must realize social justice in all areas of economy, society, and culture by embracing the ideology of social justice in the constitution, moving away from being a passive observer of social phenomena. This principle imposes the duty on the state to form a 'just social order' through economic, social, cultural, and educational policies, and particularly in housing law policy, it derives the constitutional duty to realize social justice. As a result, the Social State has the responsibility to form a just social order in the field of housing welfare through housing law policies. Although there is some debate regarding the legal nature of housing rights, they are a complex fundamental right with both freedom and social rights characteristics, being an independent fundamental right not explicitly mentioned in the constitution. Housing rights are social fundamental rights inclined more towards social rights than freedom rights. They derive their concrete content from the principle of the Social State and Articles 16, 34, and 35(3) of the Constitution. The specific contents of housing rights include the 'inviolability of residence' based on Article 16, the 'right to a human living through housing' based on the principle of the Social State and Article 34 and the 'right to a pleasant residential environment' based on the principle of the Social State and Article 35(3). Housing rights as social fundamental rights fundamentally possess an objective nature, excluding their freedom right aspects. Housing law policies often lack continuity with previous government policies or are newly pursued due to changes in administration, leading to significant social confusion in terms of housing welfare for the people. As a result, sustainable housing policy implementation is required to ensure the people's housing rights, and it is necessary to guarantee sustainability through housing legislation. The government has enacted the 「FRAMEWORK ACT ON SUSTAINABLE DEVELOPMENT」 and established and operates the Basic Plan for Sustainable Development for this purpose. This study suggests the necessity and evaluation framework for establishing, implementing, evaluating, and feedback systems of sustainable housing law policies to ensure their sustainability and effectiveness. Finally, this study highlights the need to consider population structure changes, population decline, and responses to local extinction in promoting sustainable housing law policies, emphasizing the importance of new perspectives on exit strategies and moving away from supply-centered housing policies. It also discusses the duty of the Social State to address polarization issues and ultimately advocates for efforts to mainstream current housing legislation, institutions, and policies.