The housing problems in the Korea are a social topic and the process of urbanization. These have been caused by the monopolization of land ownership and the failure in supply of house for the houseless. In particular these could not be solved by the house supplies from the private and public sector ...
The housing problems in the Korea are a social topic and the process of urbanization. These have been caused by the monopolization of land ownership and the failure in supply of house for the houseless. In particular these could not be solved by the house supplies from the private and public sector in South Korea. This article has been prepared to promote understanding of the linkages between housing and human rights. The focus my article on housing law and how housing rights can be used by State and Korean constitutional law. Housing rights are part of Korean fundamental right. Governments have legal responsibilities to "take steps by all appropriate means" to ensure the full and progressive realization of the human right to adequate housing. This article illustrates that effective constitutional and legislative guarantees of the right to adequate housing in the legal, social, economic and cultural system. The detailed contents of this study is as follows : In first chapter, I present purpose, extent of this study. In second chapter, I deals with the legal theory of housing rights in law. The purpose of this part is to find the tasks of housing acts according to international human rights law on Housing Rights. The International Covenant on Economic, Social and Cultural Rights, Articles 11(1) prescribe 「……as part of their efforts to ensure the full and progressive realization of the human right to adequate housing」. Moreover, Housing Rights are prescribed indirectly in The Universal Declaration of Human Rights (1948), The International Covenant on Civil and Political Rights(1966), International Covenant on Civil and Political Rights(1966), Convention on the Elimination of All Forms of Discrimination against Women(1979), International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990), etc. And In 1996, the United Nations held a second conference on cities(Habitat II) in Istanbul, Turkey for human's housing right. Habitat II's purpose is to assess two decades of progress since Vancouver and set fresh goals for the new millennium. Adopted by 171 countries, the political document that came out of this “City Summit” is known as the Habitat Agenda and contains over 100 commitments and 600 recommendations.I also inspect terms and history of housing rights. And this chapter contains constitutional theory, legal character and effect, contents, limitation of housing right. In third chapter, The development of the housing situation in individual countries is influenced both by their governments’ housing policy and by a number of external factors, such as the socio-economic and demographic situation and political, administrative and legal factors. These external variables, together with the housing policy, shape the role, aims and characteristics of social housing. In fourth chapter, This study deals with the policy for the public rental housing and some ways to improve the current laws, reviewing Korea's housing policy and provisions of the current laws. This part suggests that ① A notion-redefinition and continuous supply of public rental housing, ② A supply-system considering character and payment capability household, ③ A distributing fairly allotment-system the public rental housing, ④ A maintaining effectively the public rental housing, ⑤ An improvement of value of lease, ⑥ A device that promotion to the public rental housing by private housing corporate and a nonprofit institution, ⑦ Social mix in the public rental housing, ⑧ A participation in the public rental housing by Local government, ⑨ A leaseholder's rights protection, ⑩ A public information about the public rental housing's law. Ultimately stabilizing residences of low-income houseless residents through in this way reform of legislation for public rental housing.
The housing problems in the Korea are a social topic and the process of urbanization. These have been caused by the monopolization of land ownership and the failure in supply of house for the houseless. In particular these could not be solved by the house supplies from the private and public sector in South Korea. This article has been prepared to promote understanding of the linkages between housing and human rights. The focus my article on housing law and how housing rights can be used by State and Korean constitutional law. Housing rights are part of Korean fundamental right. Governments have legal responsibilities to "take steps by all appropriate means" to ensure the full and progressive realization of the human right to adequate housing. This article illustrates that effective constitutional and legislative guarantees of the right to adequate housing in the legal, social, economic and cultural system. The detailed contents of this study is as follows : In first chapter, I present purpose, extent of this study. In second chapter, I deals with the legal theory of housing rights in law. The purpose of this part is to find the tasks of housing acts according to international human rights law on Housing Rights. The International Covenant on Economic, Social and Cultural Rights, Articles 11(1) prescribe 「……as part of their efforts to ensure the full and progressive realization of the human right to adequate housing」. Moreover, Housing Rights are prescribed indirectly in The Universal Declaration of Human Rights (1948), The International Covenant on Civil and Political Rights(1966), International Covenant on Civil and Political Rights(1966), Convention on the Elimination of All Forms of Discrimination against Women(1979), International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990), etc. And In 1996, the United Nations held a second conference on cities(Habitat II) in Istanbul, Turkey for human's housing right. Habitat II's purpose is to assess two decades of progress since Vancouver and set fresh goals for the new millennium. Adopted by 171 countries, the political document that came out of this “City Summit” is known as the Habitat Agenda and contains over 100 commitments and 600 recommendations.I also inspect terms and history of housing rights. And this chapter contains constitutional theory, legal character and effect, contents, limitation of housing right. In third chapter, The development of the housing situation in individual countries is influenced both by their governments’ housing policy and by a number of external factors, such as the socio-economic and demographic situation and political, administrative and legal factors. These external variables, together with the housing policy, shape the role, aims and characteristics of social housing. In fourth chapter, This study deals with the policy for the public rental housing and some ways to improve the current laws, reviewing Korea's housing policy and provisions of the current laws. This part suggests that ① A notion-redefinition and continuous supply of public rental housing, ② A supply-system considering character and payment capability household, ③ A distributing fairly allotment-system the public rental housing, ④ A maintaining effectively the public rental housing, ⑤ An improvement of value of lease, ⑥ A device that promotion to the public rental housing by private housing corporate and a nonprofit institution, ⑦ Social mix in the public rental housing, ⑧ A participation in the public rental housing by Local government, ⑨ A leaseholder's rights protection, ⑩ A public information about the public rental housing's law. Ultimately stabilizing residences of low-income houseless residents through in this way reform of legislation for public rental housing.
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