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Opinion on the Partial Amendment to the Act on Urban and Residential Environment Improvement [2009] KRNHRC 2 (9 February 2009)

The Commission presented its opinion to the Chairman of the National Assembly that
provisions that might compromise tenants' rights in the process of urban re-development
should be deleted from the Partial Amendment to the Act on Urban and Residential
Environment Improvement. The Commission found that Article 40.1., providing,
"compensations for displacement including moving costs may be determined in accordance
with a Presidential Decree concerned", would be likely to be used as an excuse to offer
tenants in the re-development area only one out of two benefits legally protected: right to
live in a public rental apartment and moving costs. It also discovered that the provision
would not only limit the compensation for tenants' right to housing but also constitute an
action against the protection of rights specified in international human rights norms.
The Act on Urban and Residential Environment Improvement revised on February 9,
2009 changed the scope of compensation determined by a Presidential Degree from
"compensation for loss caused by urban re-development" to "compensation for loss in the
process of the implementation of urban re-development." Therefore, it prevented reduction
of compensations for tenants in the process of re-development.