公法在住房法律体系中的作用与多户住宅的管理

K. Park
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摘要

韩国在快速城市化和人口增长的背景下形成的以供需为中心的传统住房法律体系,随着住房供给率超过100%,进入人口快速下降的时期,已经无法维持下去。随着社会结构的变化,大胆废除韩国住宅法中的“建设促进法”制度,改造旧公寓,对公寓进行细致的管理,这是对制度改革的要求。是时候通过社会共识和讨论来探讨住房法律制度基本结构的改革方向了。本文以韩国住房法律体系框架形成的历史过程为线索,回顾了现行住房法律体系制度功能的引入过程及其社会背景。当作为住房立法基础的社会现实发生变化时,规范的功能和制度也必然发生相应的变化。在未来相当长一段时间内,韩国住宅法律体系的重心将不可避免地向“公寓住宅管理功能”转移的前提下,本文将对现行立法的适应成果和未来的任务进行分析。摆脱住房短缺、人口减少的韩国社会的变化,虽然是制度上的挑战,但也可以成为改善城市质量的契机。我们期待住房法律制度的重生,使我们的公寓建筑远离发展时代的视角,成为一个更舒适的环境,一个包括信息化在内的功能高效合理的空间。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The function of public law and the management of multi-family housing in the housing law system
The traditional housing law system of Korea centered on supply and demand, which was formed against the background of rapid urbanization and population growth, could no longer be maintained as the housing supply rate exceeded 100% and the country entered a rapidly declining population. The changed social structure is demanding institutional transformation in the direction of boldly abandoning the ‘construction promotion act’ system in Korean housing legislation, remodeling old apartments, and delicately managing apartments. It is time to discuss the reform direction of the fundamental structure of the housing law system through social consensus and discussion. In this article, we reviewed the process of introducing the institutional function of the current housing law system and its social background, following the historical process of the formation of the framework of Korea's housing law system. When the social reality, which is the foundation of the housing legislation, changes, the function and system of the norm cannot help but change accordingly. In this article, we looked at the achievements of adaptation to the current legislation and future tasks under the premise that the center of gravity of Korean housing law system will inevitably shift to the ‘management function of apartment housing’ for a considerable period of time in the future. The change in Korean society, which has escaped from the desperate housing shortage and is entering a declining population, is an institutional challenge, but on the other hand, it can act as an opportunity to improve the quality of the city. We look forward to the rebirth of the housing law system that upgrades our apartment buildings to a more pleasant environment and a space with efficient and reasonable functions including informatization, away from the perspective of the development era.
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