공공택지사업에서 국공유지 가격평가제도의 문제점과 개선방안 = Problems and Improvement Measures of Public Land Price Appraisal System in Public Housing Development Projects

공공택지사업에서 국공유지 가격평가제도의 문제와 개선방안을 연구했다.

Public housing site development projects aim to realize public interest through residential stability for citizens and planned urban development. In this structure, public implementers acquire underutilized land at excluding development gains under the 「Land Compensation Act」, install infrastructure, and supply public rental housing below cost. However, even within this public-oriented development structure, private economic logic is directly applied to state and public land within the project area, where such land is appraised and sold at market prices reflecting development gains.

This creates a clear imbalance with the contribution structure of public implementers, including free attribution of public facilities and cost-based supply of infrastructure, and violates the basic principles of 'consideration of public interest' and 'balance between acquisition and disposal' stipulated in the 「State Property Act」 and 「Public Property Act」. Particularly, while development gains are partially guaranteed in exchanges with private implementers, excessive losses are required from public implementers, highlighting the need for institutional supplementation.

Furthermore, the fact that administrative rules such as the 「Donation versus Grant Guidelines」 involve substantial property right restrictions without adhering to the principle of legal reservation raises potential constitutional issues. This paper examines the legal and institutional issues regarding the acquisition methods and pricing of state and public property in public housing site development projects, and proposes improvement measures that can simultaneously secure both public interest and equity of the system through analysis of relevant practical cases.