"Real Estate Public Notice Act Violates Citizens' Basic Rights"…Conservative Lawyer Group Files Constitutional Complaint
[Asia Economy Reporter Han Seung-gon, Intern Reporter Kim Seul-gi] A conservative-leaning lawyers' group is filing a constitutional complaint arguing that it is unconstitutional for the Minister of Land, Infrastructure and Transport and local government heads to arbitrarily determine official land prices.
The "Lawyers for Human Rights and Unification of Korea" (Hanbyun) announced on the 6th that "we plan to file a constitutional complaint on the 7th regarding Articles 3, 10, and 18 of the Act on Public Notice of Real Estate Prices (Real Estate Public Notice Act)."
Hanbyun explained, "Official land prices are an important indicator used as the basis for calculating various taxes such as property tax and inheritance and gift tax, as well as quasi-taxes like health insurance premiums and basic pensions," adding, "A sharp increase in official land prices is essentially equivalent to a punitive tax bomb on the public."
They further argued, "Article 59 of the Constitution stipulates the principle of taxation by law, stating that tax items and rates must be determined by law," and claimed, "The current Real Estate Public Notice Act violates the principles of taxation by law and tax equality, as well as the principle of prohibition of excess, thereby infringing on the property rights of the people."
Quoting data from the Ministry of Land, Infrastructure and Transport, Hanbyun pointed out that "the rate of increase in the standard land price was mainly in the 1% range (2011), 2% range (2013), and 3% range (2012, 2014) during the Park Geun-hye and Lee Myung-bak administrations, and even in high cases was around 4% (2015, 2016), but under the Moon Jae-in administration, it recorded 6.02% in 2018, 9.42% in 2019, and 6.33% in 2020," highlighting the steep rise in official land prices since the Moon Jae-in government took office.
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They added, "The rate of increase in individual official land prices announced by mayors, county governors, and district heads is also much higher in Seoul, with 12.35% in 2019 and 8.25% in 2020, compared to the 3-4% level during the Park Geun-hye administration."
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