Reasons for Proposal
Although public housing construction projects are intended to benefit the public by stabilizing housing for working class people, the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects does not have the legal basis to recognize the projects. As such, if such a project is designated and notified as a housing zone under Article 27 (Expropriation, etc. of Land, etc.) (2) of the Special Act on Public Housing, it is considered to have been approved and notified under Article 20 paragraph 1 and Article 22 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects.
To expropriate or use land in an individual housing construction project not covered by the above, it must request project approval from the Minister of Land, Infrastructure and Transport under Article 20 (Project Approval) of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, consult with relevant agencies, Mayor/Do Governor (within 7 days), the Central Land Tribunal (within 30 days, subject to an extension of up to 30 days), listen to feedback from stakeholders (perusal for at least 14 days) under Article 21 (Consultation and Hearing of Opinions), and go through the Minister of Land, Infrastructure and Transport under Article 22 (Public Notice of Project Approval).
Hence, such projects are delayed, making it difficult to timely provide public housing.
In this regard, there are other projects for which land, etc., can be expropriated or used under the Acts prescribed in the attached Table under Article 4 (Public Works) paragraph 8 of the Act on Acquisition of and Compensation for Land, etc. for Public Works Projects, and no project allowed to expropriate or use land, etc., under this Act shall be decided unless a project is in compliance with Article 4 or the Acts prescribed in the attached Table under Article 4-2 (Limitation on Special Cases for Expropriation and Use of Land) paragraph 1.
Accordingly, this Act aims to add public housing construction projects to public projects that can expropriate or use land in an effort to timely supply housing by facilitating public housing construction projects (attached Table 11).
Notes
This Act rests on the premise that the “Partial Amendment to the Special Act on Public Housing” (Bill no. 4321), represented and proposed by National Assembly member Moon Jeong-bog, is passed. If the bill is not passed or is passed with modification, this Amendment must be adjusted accordingly.
