주택특별공급제도의 문제점과 개선방안

Abstract

In order to solve the housing problem, Korea enacted a related legal system and implemented a system for the purpose of quantitative supply of housing. However, according to the seriousness of the housing problem and changes in the social environment, the paradigm of housing policy was changed from expanding the quantitative supply of housing to housing welfare, and the “Framework Act On Residence” was enacted in 2015. However, with the enactment of the “Framework Act On Residence” and the provision of housing rights, despite the need for housing to be discussed in the field of social security jurisprudence, housing-related legal systems are still being discussed from a political and policy perspective.
 In the case of the special supply system of housing, one of the housing supply systems as a method of realizing housing welfare, it needs to be discussed more closely from the perspective of the social security jurisprudence because it is a housing supply method for social and policy considerations. Therefore, it is necessary to review the special supply system of housing according to the principle of the rule of law and the principle of the social state. However, the special supply system of housing has complex regulations on the subject, type, and requirements, and there is no definition of the subject. If the law is defined and the system is implemented without clear principles or norms, it will be impossible to accomplish the guarantee of the people's housing rights. Therefore, it is necessary to interpret and improve the system from the perspective of the housing welfare and social security jurisprudence to guarantee actual housing rights.