Criticism of “land expropriation is infringement of private property” Byun Chang-heum, Minister, “Cash settlement is legal”

Enter 2021.02.20 06:00

2011 Byun Chang-heum criticizes land expropriation based on’cash settlement’
In 2021, reopening of the Jikbang village maintenance and public works for the acceptance of the earthenware.
‘Controversy’ with double standards

In the past, Minister of Land, Infrastructure and Transport Byun Chang-heum criticized the Lee Myung-bak administration’s real estate development policy, which had a different political orientation when he was a professor at Sejong University, for abuse of land expropriation. It was argued that’the scope and target should be minimized because land expropriation seriously infringes on private property rights.’

However, after becoming the Minister of Land, Infrastructure and Transport, who leads the real estate policy, he is showing an active use of land expropriation, and it is pointed out that it is a’double standard’ and’naeronambul’.

2.4 As housing supply measures and plans for improvement projects in Seoul Station’s sidebang village are released one after another, controversy over’land expropriation’ in which the public forcibly acquires private ownership of land is growing. According to the Land Compensation Act, compensation for losses due to land expropriation is paid in cash unless otherwise specified in other laws. This is usually called’cash settlement’.

However, cash liquidation has no choice but to infringe on private property rights. This is because the public, which has to pay compensation, determines the value of the land to be accommodated based on the present, while the landlord judges the value after development. For this reason, the Constitution and the Land Compensation Act have strict procedures for expropriation of land.

On the other hand, in the case of’priority occupancy’, which the government promised to those who acquired land prior to the announcement of the 2.4 measures, the future value can be reflected, thus avoiding such controversy. This is the reason why private property rights controversy is whether or not to grant’priority occupancy’ to those who acquired land after the 2.4 measures.



Minister of Land, Infrastructure and Transport Byeon Chang-heum attended the announcement of the plan for the maintenance plan of the Jikbang village held at KDB Life Tower in Yongsan-gu, Seoul on the 5th and looked at the site. /yunhap news

◇’Land acceptance, minimization of scope and target’ is applied to Seoul Station

In 2011, when he was a professor at Sejong University, Minister Kim Soo-hyun and former Blue House Policy Officer published the’city policy in the era of low growth’. Should be minimized.” At that time, the government made a claim while criticizing the widespread acceptance of land in the Urban Development Act, the Private Capital Attraction Act for attracting social overhead capital investment, and the Enterprise City Act.

However, in 2021, 10 years later, Minister Byun is showing more active use of the restrictions on private property rights through land expropriation and public power than any other minister. In an interview with Yonhap News on the 17th, Minister Byeon said about the urban supply plan suggested in the 2.4 measures, “This time, we have put a force to enforce a strong incentive that we have never done before, and we have established an institutional system that can provide total support. “But the question is whether you agree with the project 100%? This time, we reduced the business agreement requirement to two-thirds (three-quarters of the existing maintenance project),” he said. There will be no.”

The Ministry of Land, Infrastructure and Transport announced on the 5th that it will build 2410 units such as rental housing and pre-sale apartments by promoting 47,000 square meters in the area of ​​Dongja-dong Jikbangchon near Seoul Station as a public housing project. Public housing projects are projects such as creating public housing districts in accordance with the Special Public Housing Act. The Special Public Housing Act is a law created by the public to develop undeveloped land into public residential land and regulates that land can be accommodated without the consent of the landlord. The Ministry of Land, Infrastructure and Transport announced on the 5th that it will compensate the landowners who are incorporated into the project district in consideration of the current land use and transaction cases. Accordingly, landowners who have to hand over the land in the middle of Seoul are protesting, saying, “The intention is to forcibly accept private property at a bargain price,” and “we will use all means including legal response.”

If the 2.4 countermeasures are in full swing, chaos such as Seoul Station’s side-bang village could occur across Seoul. According to the 2.4 measures, the urban public housing complex project will also be promoted based on the Special Public Housing Act. It means using land expropriation. In particular, the targets of the project are the station area, semi-industrial areas, and villa cluster areas, which are the yolk-free lands in each area of ​​Seoul. The public direct implementation maintenance project method also utilizes land expropriation and cash settlement. This is because the Urban Improvement Act, which will be the base law, also contains provisions for land expropriation. Accordingly, the public implementer can proceed with cash settlement without giving preferential occupancy rights to land acquirers in the project area after the announcement date of the 2.4 measures.

In addition, the 2.4 measures introduced the right to accept the newly established small-scale redevelopment, and the urban regeneration project was also called the’Residential Regeneration Innovation Zone’, so that the acceptance method could be applied to secure a smooth site.

The supply target through the urban public housing complex project is 196,000 units, of which 117,000 units are in the Seoul area. The target supply volume is 136,000 units nationwide, including 93,000 units in Seoul for five years for the direct public maintenance project. For small-scale redevelopment, the target supply is 60,000 units nationwide, including 40,000 units in Seoul. It is a tremendous scale that is far from Minister Byeon’s 2011 assertion of “minimizing the scope or target of land acceptance”.

◇Criticism of simultaneous promotion of new cities…One more’third new city’ increased with 2.4 measures

In his 2011 book, Minister Byeon was also critical of the construction of a large-scale new city. In the same book, he pointed out the fact that Sejong City, the second new city in the metropolitan area, and an innovative city are being carried out simultaneously. “It is not only impossible to successfully promote these projects, but also face serious environmental and social problems. Insisted. “The large-scale development new city was selected through fierce competition between regions without even going through an objective and transparent business feasibility analysis or sufficient review of the city’s character.” did.

However, in 2021, Minister Byeon announced through the 2.4 measures that he would release 180,000 new public housing units in Gyeonggi-Incheon, a size comparable to that of the third new city in the metropolitan area. In addition, it said that it would supply 83,000 public housing sites to regions such as the five metropolitan cities.

Minister Byeon also pointed out that debt has increased as the Korea Land and Housing Corporation (LH) and Seoul Housing and Urban Corporation (SH) promote various development projects. He said, “LH has announced restructuring and reduction in business size to reach 119 trillion in accumulated debt, and revised the Land and Housing Corporation Act to conserve the deficit through national finance.” It shows the limits of “well.”

However, LH, which is in charge of major housing related projects under the current government, is experiencing a surge in debt. According to last year’s mid- to long-term financial management plan, it is expected to exceed 180 trillion won by 2024, and reflecting the necessary financial resources such as the 11.19 measures and 2.4 measures that came out after this financial management plan was announced, there is a possibility that the debt will reach 200 trillion won. . In the mid- to long-term financial plan, LH said, “Since LH’s self-reliance alone has limitations in solving the debt problem, government support is needed to perform a stable public role.” For this reason, the Ministry of Land, Infrastructure and Transport announced that it would increase the public purchase price of non-housing remodeling and new construction purchase agreement projects as required by LH in the 2021 business plan.

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