[경제][팩트와이] Isn’t “real estate countermeasure 2 · 4” an infringement of property rights?

[앵커]

After the 2 · 4 real estate countermeasures that the government self-proclaimed at the supply shock level, the controversy arose over the violation of property rights.

This is because of the plan to compensate real estate buyers in the public redevelopment areas with money instead of giving them pre-sale rights.

The government and the ruling party drew a line saying there was no problem, but reporter Kang Jeong-gyu asked if that was the case.

[기자]

2.4 real estate measures evaluated as the largest housing supply plan of the current government.

[홍남기 / 경제부총리 (지난 4일) : 소위 ‘공급 쇼크’의 수준이라 할 수 있을 것입니다.]

To avoid speculation, it has announced that buyers of public redevelopment areas will not have pre-sale rights and will only compensate in cash.

As the controversy over property rights violations dated, the government and ruling party dismissed that there was no problem, saying they had already completed the legal review.

[조응천 / 더불어민주당 국토교통위원회 간사 (지난 9일) : 오히려 분양권을 주는 게 추가적인 혜택을 주는 거니까 추가적인 혜택을 주지 않는다고 해서 위헌은 아니다…]

▲ Violation of property rights by ‘retroactive application’?

Our Constitution proclaims the principle of prohibition of the deprivation of property rights through retroactive legislation.

The government is in a position that is not applied retroactively because it is subject to a “cash settlement” of transactions after February 4.

However, the revised bill for the Urban and Residential Environment Improvement Law, which is the legal basis for public development, is currently pending by the National Assembly.

The law has yet to be made, but it means that it will apply from the date of the government announcement.

[노희범 / 변호사 (前 헌법재판소 연구관) : 2월 4일을 기준으로 해서 분양권을 안 주고 현금청산 대상자로 한다는 건 소급 입법에 의한 재산권 침해가 아닌가….]

▲ Violation of property rights by ‘intermittent ad’?

The fact that the 222 public development zones have not been disclosed is a factor in the controversy over the constitution.

Even if you buy real estate for the purpose of living, it can be frustrating when it is advertised as a public development area in the future.

The old cities, which will likely be the target area, have already closed deals and cannot sell their houses at will.

[송석준 / 국민의힘 부동산시장 정상화 특별위원장 (지난 9일) : 정비사업 대상지가 미선정된 상태임에도 우선공급권에서 배제하는 건 재산권을 침해하는 소급입법이 될 수 있습니다.]

To avoid controversies about unconstitutionality, there is the possibility that the 2 · 4 real estate measures may be partially adjusted during the legislative process.

YTN Kang Jeong-gyu[[email protected]]is.

[저작권자(c) YTN & YTN plus 무단전재 및 재배포 금지]