최근 우리나라 빈집 문제의 법적 쟁점과 개선방안 ― 빈집 개념과 관리책임의무에 관한 사항을 중심으로 ―

초록

The declining birth rate, shrinking proportion of young people, and a growing elderly population have moved beyond theoretical discourse and are now visibly manifest in society. At the same time, the number of unoccupied houses is steadily increasing due to population concentration in metropolitan areas and a corresponding decline in housing demand in rural regions and small- to medium-sized cities. These vacant properties are increasingly concentrated in specific areas, further exacerbating regional disparities. The growing prevalence of such properties, often lacking systematic management, poses significant risks to surrounding communities. Vacant houses are prone to structural collapse and fires, and are frequently exploited for criminal activities. Additionally, illegal dumping of waste leads to unpleasant odors, hygiene problems, and the spread of infectious diseases. Collectively, these issues not only degrade the quality of the living environment but also contribute to the onset of slumization. Given the scale and complexity of the problem, it can no longer be treated merely as a matter of individual property rights. Active intervention by both national and local governments is now essential, with public authorities assuming central roles in developing and implementing comprehensive policy responses. To address the issues outlined above, the government has introduced various policy measures, including legislative actions. Notably, the Act on Special Cases Concerning Unoccupied Houses or Small-Scale Housing Improvement has been enacted, and relevant regulations within the Agricultural and Fishing Villages Improvement Act have been revised to strengthen the management of vacant properties. However, the effectiveness of these measures has been limited due to persistent challenges such as conflicts with property rights, insufficient budgetary resources at the local government level, and gaps in the legislative framework. Recently, the government, led by the Ministry of the Interior and Safety (MOIS), has taken more active steps by establishing a pan-governmental response team involving the Ministry of Land, Infrastructure and Transport (MOLIT), the Ministry of Agriculture, Food and Rural Affairs (MAFRA), and the Ministry of Oceans and Fisheries (MOF). In addition, budget allocations for vacant house management have been increased. Nevertheless, as these policies are still in the early stages of implementation, their effectiveness should be evaluated over time based on emerging trends and outcomes. This study focuses on the legislative dimensions of the vacant house issue and critically re-examines existing policy discussions and responses. It also proposes necessary reforms to the current legal framework to enable more proactive intervention by national and local governments as key actors in addressing this growing problem. In this respect, the following contributions can be expected from this paper. First, it provides a clear definition of the term “Unoccupied house, etc.” and proposes an expansion of its legal scope to minimize regulatory blind spots in the management and maintenance of such properties. Second, it emphasizes the need to establish a statutory duty of care for vacant house owners. By clearly outlining owners’ responsibilities within the legal framework, it becomes feasible to implement enforcement measures such as administrative fines for negligence, charges for compelling performance, or ex officio demolition in cases of non-compliance. Third, laws related to vacant houses currently vary by region, resulting in a dualized legal framework. While the regulations are almost identical, certain legislative gaps still exist and require attention. To minimize this, specific areas that need revision should be identified. Where appropriate, the necessity of enacting a unified legal framework is also discussed.

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