A Study on the Supply of Private-Sale Apartments in Public Housing Districts and the Subject of Administrative Charges

Since the first general law on rental housing—a type of public housing—was implemented in 1985, the scope of public housing has now expanded beyond rental housing to pre-sale housing, which was mandated by the Bogeumjari Housing Act in 2009. To supply public housing on a timely and large scale, public housing districts must be established first, which is the driving force behind the possibility of land acceptance according to public needs. Focusing on the Bogeumjari Housing Act, which first introduced the concept of public housing for sale, we examine the creation and supply of housing districts as well as the construction and supply procedures of housing and compare them with the Housing Site Development Promotion Act and the Housing Act applied to private housing. After the public housing district was established by the acceptance method, in addition to the construction of public housing in the district, a path for private housing could be developed by selling some of the district’s land to the private sector within the current legal framework. However, creating land for the public interest and then selling it to the private sector can result in the same problems as those raised in the Housing Site Development Promotion Act. The Housing Site Development Promotion Act conducted land expropriation for the large-scale new city development; however, it gradually became powerless against opposition from landowners owing to the cultivation of a sense of rights. The Roost Housing Act can be viewed as a means to bypass these problems. When a large-scale housing district is created for housing construction, measures to improve wide-area transportation must be implemented, and appropriate wide-area transportation facility charges may be imposed. At this point, it may be unclear whether the levy is imposed at the formation of a housing district or at the housing construction stage. As the Bogeumjari Housing Act focuses on the creation of a district, imposing a levy during the formation of the housing district may be more justified from the perspective of a housing site development plan.