재건축초과이익환수제 (재초환) · 2006–present

Reconstruction Excess Profit Recapture System

재건축초과이익환수제

A South Korean levy system, introduced by the Roh Moo-hyun administration in 2006 under Article 122 of the Constitution (the public concept of land), that recovers 10–50% of excess profits accruing to reconstruction-project association members when per-member average gains exceed a threshold. Designed to return unearned windfalls from apartment reconstruction to public funds for housing stability and social equity, the system was suspended for nearly a decade under the Lee Myung-bak and Park Geun-hye administrations, effectively nullifying it. Reinstated in 2018 and upheld as constitutional by the Constitutional Court in December 2019 (2014Hun-Ba381), it was substantially hollowed out in 2023 when the exemption threshold was raised from 30 million to 80 million won, all but eliminating the levy for most reconstruction projects.

Sources

  1. kbthink.com KB Think overview of the system: 2006 introduction, 2012–2017 suspension, 2018 reinstatement, 2023 amendment raising threshold to 80 million won
  2. yna.co.kr Yonhap News (2019.12.27): Constitutional Court 6:2 ruling upholding the law; details of burden calculation and association reactions
  3. ccourt.go.kr Constitutional Court of Korea, 2014Hun-Ba381 ruling (2019.12.27): full judgment text affirming the system does not violate the Constitution, with majority opinion and 2-justice dissent
  4. oecd.org OECD Economics Department Working Paper No. 613 (2008): 'imposition of charges (a quasi-tax) up to 50% of re-development gains in March 2006'
  5. elaw.klri.re.kr Korea Law Translation Center: Enforcement Decree of the Restitution of Excess Rebuilding Gains Act (official English translation)
  6. pressian.com Kim Nam-geun, Pressian (2018.04.09): legal and historical analysis of the system's background in the public concept of land, the Roh Tae-woo administration's land public concept three laws, and the reconstruction profit recapture rationale
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