• Title/Summary/Keyword: Housing Rights Protection

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The Improvement and Problem about Housing Lease Protection Act Article 9 in the Information Society (정보사회에 있어서 주택임대차보호법 제9조의 문제점에 대한 개선방안)

  • Park, Jong-Ryeol
    • Journal of Digital Convergence
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    • v.13 no.5
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    • pp.61-67
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    • 2015
  • In order to ensure the housing stability of homeless people who living in the information society, the Korean Housing Lease Protection Act was enacted as a special law of Civil Code in March 5, 1981, Law No. 3379. And until January 6, 2015 there were 15 times revisions. In the meantime, many issues have been resolved by legal revisions through several times however, it is true that many problems are exposed after enforcement because processing without sufficient review of legislation. Among them, at the 1st revision in 1983 the purpose of Article 9 for lease succession was admitting succession to a spouse who has no inheritance rights. Then it can protect common-law relationship and on the other hand protect the residential life of a spouse. But many questions have been raised. Therefore, in this paper, analyze the problem of lease succession carefully, proposes an improvement to contribute to the residential stable livelihood.

A Comparison of Assessment of Child Friendly Cities by Parents and Child Service Providers in Selected Local Government (아동친화적인 지역사회에 대한 부모와 아동관계자의 인식 비교 - A기초자치단체를 중심으로-)

  • Kim, Jin-Sook
    • Journal of Digital Convergence
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    • v.15 no.11
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    • pp.49-60
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    • 2017
  • The purpose of this study was to examine the recognition of the Children's Rights Guarantees among parents and child service providers in a local community, and to explore ways to organize Child Friendly Cities. To this end, I analyzed survey data collected from a municipality based in Seoul, Korea, and discovered certain differences in recognitions of play and leisure, citizen and participation, safety and protection, health and social service, education, and housing. Among the six categories, the parents and child service providers recognized that education and housing were relatively well guaranteed whereas citizen and participation was less secure. Child service providers were more negative in the physical environment for building child-friendly community, while parents were more negative about the institutional / cultural environment, such as participation rights. Based on these findings, I suggested the following: First, the physical environment should refer to the standards of child welfare officers, and the institutional and cultural environment should refer to the parents' standards. Second, the participation of parents and child service providers as well as children should be expanded in the community decision-making process.

Improvements for the Problem of Housing Lease Protection Act Article 3-3 (주택임대차보호법 제3조의3 문제점에 대한 개선방안)

  • Park, Jong-Ryeol
    • The Journal of the Korea Contents Association
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    • v.12 no.8
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    • pp.198-206
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    • 2012
  • The Lease Registration Instruction system that newly established in 4th opening a court of the Housing Lease Protection Act has regulated the following. After the lease expires, if finish the lease registering on the rental house to leaseholder who did not return the deposit. Previous opposing power and Priority Repayment Right are preserved intact. And after the leasehold registration, even if loss the claiming requisite of Housing Lease Protection Act's Article 3 Paragraph 1, already acquired opposing power and the Priority Repayment Right will not be lost. Thus, the tenants free to transfer its residences without anxiety. So it is focused on protecting tenant's rights who social and economic weak person. But in reality, did not return the expensive lease deposit. So, most tenants cannot transfer freely their residences. Or even if migration as completing the lease registration unavoidably by Lease Registration Instruction, they cannot receive their lease deposit as soon as possible, like this there are many problems. So, propose the improvement plan by this study.

A Study on Children's Rights and Happiness for Building Child Friendly Cities - Comparative study between elementary and middle school students (아동친화도시 구축을 위한 아동권리와 행복감에 관한 연구 -초등학생과 중학생의 비교연구)

  • Kim, Woong-Soo
    • Journal of Digital Convergence
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    • v.15 no.2
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    • pp.485-491
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    • 2017
  • Child friendly cities are to be prepared to create a community environment that allows children to live happily when children's rights are created when the environment in which children's rights are guaranteed is created. Therefore, this study examined the relationship between children's rights and happiness and explored what needed to be done to build child friendly cities for children. For this purpose, 1,000 elementary and middle school students in W district with the certification of child friendly cities were surveyed and analyzed. From the results of this study, first, elementary students were more aware of children's rights than middle school students. Second, children's rights affecting happiness appeared as health, social services, and educational environment. Third, children's rights affecting happiness were found to vary according to the level of school. Housing, safety and protection, and educational resources were important for elementary school students, and health and social services, and safety and protection were important for middle school students. Based on the results of this study, this study suggested that multifaceted intervention and approach should be considered for various aspects of health, welfare, education, safety, etc. to build child friendly cities.

Consolidation of Protection for Lessees by Improvement of Opposing Power System of the Unregistered Housing Leases (미등기 주택임대차의 대항력 관련 제도개선을 통한 임차인보호 강화)

  • No, Hann-Jang
    • The Journal of the Korea Contents Association
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    • v.14 no.8
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    • pp.466-475
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    • 2014
  • According to the Housing Lease Protection Act, even though it is not registered, if the lessee has completed delivery of a house and the resident registration, the lease shall take effect against the third person from the following day thereof. Any lessee who has met the requirements for opposing power and obtained the fixed date on the lease contract document, shall be entitled to receive the repayment of the deposit from the converted price of the leased house, in preference to any junior obligors and other creditors, at the time of an auction as provided by the Civil Execution Act and a public sale as prescribed by the National Tax Collection Act. The lessee shall be entitled to receive a repayment of a specified amount of the deposit in preference to other persons having the security rights in the leased house. However those provisions give rise to many problems because the Housing Lease Protection Act allows the opposing power and the right of preferential payment from the following date of fulfillment of the requirement. For the purpose of solving the problems, this study suggests that the Housing Lease Protection Act need to be amended as follows. The fixed date should be added to the requirement of opposing power and the preferential right of specified deposit repayment. In addition, the commencement of opposing power and preferential right of deposit repayment need to be taken effect from the day that the requirement is fulfilled.

A Study on the Use of Parking Lots and Improvement Methods of Land Supply in Public Development Zones (공공개발지구 내 주차장용지의 이용실태와 토지공급방법 개선방안 연구)

  • Park, Chang Yul;Kim, Si Jin
    • Land and Housing Review
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    • v.10 no.4
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    • pp.13-30
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    • 2019
  • Parking lot within housing site contains public interest of relieving parking space shortage problem and subject to public restriction. If auctioned off at higher price by excessive competition in general competitive bid for land bidders, the development of parking lot will be made against its original purpose supply. The core issue is that a bid price is quite often to be blown out of proportion by 150%~ 250% due to extreme competition and, could face serious problem if a winning bidder runs sale business. If it is rental business, although about 30% of the total floor space of the whole building to be used as neighborhood facilities, too high winning bid price cause to lose transparency. In case of sale at aggregate buildings, most business operators would sell 30% of the neighborhood facilities, spare the parking lot and manages thereof separately. According to Aggregate Buildings Act, neighborhood facilities are allowed for individual registration and ownership of parking lot by business operator or designated person by business operator. In this case, the parking lot becomes 70% of the total floor space of the whole building and 70% of the land share which makes the mortgage very valuable and easier for business operator to get financial loan. There used to be many cases such as owners of neighborhood facilities (aggregate buildings partial owners) who run parking lot to repay their loan running parking lot to repay loan, but found that very tough and reached auction and relatively disadvantaged. For parking lot within housing site, it is recommend to exclude the public factors that land has and take into account of public restriction in area (housing site). Business opportunity for operators and protection of property rights for buyers in aggregate buildings, land supply method is recommended to replace from highest bid method into draw or private contract. In terms of price, supply at estimated price (construction price) and restriction on usage (Co-ownership of parking lot) proposals are submitted.

Legal Problems and Improvement Measures Concerning the Monopoly of Housing Construction Sales Guarantee Business by Housing and Urban Guarantee Corporation (주택도시보증공사의 주택건설 분양보증업무 독점에 관한 법적문제점과 개선방안)

  • Jo, I-Un
    • The Journal of the Korea Contents Association
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    • v.21 no.2
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    • pp.78-84
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    • 2021
  • Issues have arisen over the monopoly of housing sales guarantees by the Housing and Urban Guarantee Corporation. If the Ministry of Land, Infrastructure and Transport appoints an additional guarantee institution, there is concern that the property protection between the two parties is insufficient due to excessive competition and the weakening of urban regeneration resources. It argues that housing supply policies for stabilization of the housing market can be smoothly implemented through monopoly projects. This is judged to be an abuse of market dominant position under the Fair Trade Act, and excessive restrictions on pre-sale guarantee requirements may cause delays in business and infringement of property rights of members. First, the establishment of a designation system for market dominant operators of the Fair Trade Commission enables new entry of private guarantee institutions. Second, it is necessary to improve regulations under Article 63 of the Fair Trade Act (consultation on the establishment of laws restricting competition, etc.). Third, through the establishment of the 「Rules on Housing Supply」 under Article 15 (2), the Minister of Land, Infrastructure and Transport can additionally designate a guarantee institution, thereby guaranteeing the right to select a pre-sale guarantee for the business entity. In addition, it is expected that at least one of a number of guarantee insurance companies can be designated to improve the efficiency of the distribution of social benefits, thereby lowering the volatility of housing prices. Listen and suggest.

A Study on the Job Recognition and Educational Needs of Care Workers according to the Types of Working Place in the Urban Area (일 도시 지역 근무지 형태에 따른 요양보호사의 직무인식과 교육요구도 분석)

  • Park, Hyun Joo;Byun, Sang Hee
    • The Journal of the Convergence on Culture Technology
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    • v.7 no.4
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    • pp.491-501
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    • 2021
  • Purpose: This study is designed to provide care workers with basic data on the development of job training programs for enhancing professionalism of senior care services by identifying and analyzing job recognition and education requirements according to the type of work place. Methods: Data were collected from April to July 2019 from 177 care workers working at the Elderly Care Facilities, Elderly Housing Welfare Facilities and Rehabilitation Facilities in the B Metropolitan City. It was analyzed using the SPSS Win 21.0 Statistical Program. Results: The results of job recognition of care worker according to the type of work place shows as follows. As for health care welfare facilities for senior citizens and residential welfare facilities for the elderly was the highest level for physical change and mobile care protection belonging to basic care protection technologies. For the rehabilitation and welfare facility, human rights and prevention of abuse among senior citizens which is belonging to occupational ethics and attitudes of care workers showed the highest. Conclusion: It is required for differentiated job training to enhance capacity for care workers according to the type of work place, and it is needed to developed systematic and specific customized hands-on training to perform, not for simple knowledge.