不動産投機의 實態 및 抑制方案에 關한 硏究 : 投機抑制를 위한 搜査技法開發을 中心으로

부동산 투기 실태와 수사기법 개발을 통한 억제 방안을 연구했다.

Since land and housing is the grounds for our valuable life and a nest for living, real estate shouldn't be a target of speculation. In addition, speculation on real estate, in itself, brings an unreasonable, unearned income and is conducive to excessive consumption and decadent trend where the will to work is dropped, and a feeling of helplessness and emptiness surges among the general public. At the same time, it also becomes a main cause for the devastation of the public's humanism. Accordingly, speculation on real estate is not just a problem of economic crime but a decisive factor to the obstruction to the root of a nation. That's why the speculation on real estate should be rooted out.

Historically, a series of economic and social development plans was continuously carried out under the banner of nation's modernization and the economy construction, and resulted in a rapid growth, which made the speed of industralization and urbanization much faster and brought about a dramatic change of social structure. Like this, the industralization and urbanization created a large demand in land for works, building sites and shops, etc. However, Korea is such a small country with a lot of rocky mountains so has a limited usable land areas. Consequently, a short supply of land made demand in and supply of usable land disproportionate and caused a ceaseless raise of land value.

Like this, skyrocketing land prices, resulted from non-elasticity of supply of usable land made the owners of land who didn't invest in any efforts very rich. Furthermore, returns from stock investment or a deposit rate in Korea stands at a low level, and given the situation that the Haves cannot easily find other profitable and stable ways of investing their money into rather than real estate, it is obvious that the prices of real estate will go up someday though they remain at a relatively stable level now.

In consequences, competition for acquiring huge amount of unearned income by owning real estate brought about serious land problems and its effect was felt in social problems on a nationwide scale.

To describe more specifically; ① Spread of gambling spirit of making a fortune at one stroke through speculation on real estate rather than healthy investment and property increase by working ② Surging of a sense of incompatibility, caused from enmity and a sense of deprivation of the honest and sincere people towards the extravagant persons with unearned income from the speculation on real estate ③ Enterprises' disgraceful behavior of increasing unearned income through bulk purchase of land for non-business purpose or non-essential land rather than normal management activities ④ Often irrationality including divulgence of classified information in a process of deciding a variety of planning or projects such as fostering an industrial complex, promoting an agriculture-industry zone, furthering tourist resort areas, reclamation․harbor project, removal and new establishment of special facilities, urban development project, etc.

⑤ Various irregularities and abnormalities conducted in order to cover up or cook up the speculation on real estate in a process of land transactions or payment ⑥ Paralysis of the function of the redistribution of wealth and tax evasion ⑦ A variety of social problems such as obstruction of price stabilization due to cost push caused by the acceleration of land price rises, restriction on the efficient use of land, and difficulty of obtaining land for public use, etc. Land, the common ground for all the people's living and the most basic resources for human, should be utilized efficiently.

In order to do that, the above-mentioned problems including a seriously distorted current situation in redistribution of income should be removed and land development policy should be carried out in a way of all the people benefiting development profits. Hereupon, Korea has adopted a variety of administrative and financial measures such as an introduction of public concept in land owning, an approval system for land transactions, restriction on land use and introduction of land tax as means of holding back speculation on real estate, using land resources efficiently and giving back development profits to society. However, those measures have not come off yet.

Of course, there is a point that the economic recession affected by the recent foreign currency crisis and the government's strong crackdown on speculation on real estate made real estate in a poor shape and let the frequency of speculation on real estate diminished. However, given the situation of the construction of industrial park and its surrounding city, rapid increase of the urban population and limited land resources, it is evident that speculation on real estate will rise again sooner or later.

For instances, speculative activities in the Pangyo district, the Dongbaek-Jookjeon district, the Gyoha-Unjeong district, the Deokpoong-Poongsan district, the Dongtan-Shinyoungreung district, the Jeongwhang district, etc. where recent large-scale housing development project is being carried out, or newly designated areas for housing development. And recent speculation in selling in lots condominium in the metropolitan area including Seoul and migratory real estate brokers who are promoting the speculation.

This study is to provide a basis for effectively intercepting and blocking speculation on real estate by reviewing a tax collection system and investigative techniques after grasping the techniques of real estate speculation, and the government's policy on real estate and its problem in the law.