Although the term 'Director' was removed, it is effectively Big Brother... Officialization of the Real Estate Transaction Analysis Institute
Analysis of Real Estate Finance and Taxation Information to Detect Illegal Activities
Unlimited Data Collection by Administrative Agencies... Concerns Over Side Effects
Focus on Crackdown Rather Than Punishment... Ministry of Land, Infrastructure and Transport Affiliated Agencies
Scale Undecided, Launch Possible Within the Year
[Asia Economy Reporters Jeon Mewon and Kim Hyunjung] The government confirmed on the 2nd the establishment of the 'Real Estate Transaction Analysis Institute' (hereafter referred to as the Analysis Institute), which is expected to analyze real estate-related financial and taxation information to detect illegal activities and ensure they lead to punishment. Unlike the existing Illegal Activity Response Team that only filtered some suspicious transactions in specific areas, the Analysis Institute is anticipated to act as a 'Big Brother' overseeing virtually all real estate transactions.
Although the purpose is to monitor market disruption activities and enhance transaction stability, industry insiders analyze that private transactions may shrink, and indiscriminate and unlimited personal information collection by administrative agencies could cause various side effects. Initially, the institute was called the 'Real Estate Supervisory Agency' inside and outside the government, but the government is interpreted to have softened the name to the Analysis Institute because the term 'supervision' carries strong connotations of surveillance and control.
Where, How, and at What Scale Will the Real Estate Transaction Analysis Institute Be Established?
The government explained that the Analysis Institute will be created as a permanent government organization under the Ministry of Land, Infrastructure and Transport (MOLIT), not as an independent supervisory body. Similar to the existing response team, it will receive dispatched experts from related agencies such as MOLIT, the Financial Supervisory Service (FSS), the National Tax Service (NTS), the prosecution, and the police, but the scale is expected to be significantly increased.
According to MOLIT, the main functions are ▲ continuous market monitoring ▲ detection and identification of suspicious illegal real estate activities ▲ rapid crackdown and punishment of illegal acts.
It is expected to serve as a 'Big Brother' and control tower that comprehensively monitors and supervises real estate-related activities such as price collusion, false listings, tax evasion, illicit gifting, illicit loans, up/down contracts, and illegal resale. Although the personnel and scale have not been finalized, it is analyzed that creating a large-scale organization comparable to the Financial Supervisory Service is difficult. Some speculate that it may be staffed with about 80 to 100 people.
Deputy Prime Minister and Minister of Strategy and Finance Hong Namgi explained regarding the establishment of the Analysis Institute, "We are actively referring to cases such as the Financial Intelligence Unit (FIU) and the Capital Market Investigation Team." The FIU was established under the Financial Services Commission in 2001 and plays a role in receiving reports of suspicious financial transactions from financial institutions, analyzing them, and forwarding them to judicial authorities.
Like the Analysis Institute, the FIU includes dispatched personnel from the prosecution, police, and NTS, and it receives an enormous amount of information from financial institutions, earning nicknames such as 'information warehouse' or 'grim reaper of the financial sector.' The Capital Market Investigation Team was also launched in 2013 under the Financial Services Commission and is composed of personnel from the FSS, Ministry of Justice, and prosecution. It investigates various financial crimes such as stock price manipulation.
The Analysis Institute is expected to receive financial and taxation information from related agencies, analyze it, detect illegal activities, and forward them to the prosecution, police, and NTS. Additionally, it is anticipated to thoroughly scrutinize the business conduct of licensed real estate agents and the behavior of YouTube influencers. While price collusion and market manipulation are the main targets, excessive crackdowns could infringe on individual freedoms and partially restrict property rights.
Will an Omnipotent Real Estate Authority Be Born? Market Distortion Inevitable
Concerns are raised in the market that if an administrative agency dedicated solely to real estate investigations is established, government control over real estate transactions could become excessively strong. It is pointed out that scrutinizing every citizen's transactions to detect some illegal activities is not only a waste of administrative resources but could also distort the real estate market.
Currently, taxes related to real estate transactions are monitored by the NTS, loans by the FSS, and illegal activities by MOLIT. The FIU, which MOLIT models after, can also request the NTS to investigate abnormal real estate transactions. The Korea Appraisal Board operates a Real Estate Transaction Order Disturbance Reporting Center, and local governments also have personnel for real estate crackdowns.
An industry insider explained, "In a situation where monitoring functions are already sufficiently operating, establishing a large-scale supervisory body is more likely to cause side effects such as administrative bloat, inefficiency, and transaction contraction rather than stabilizing housing prices." There is also considerable opinion that it is unreasonable to add a large supervisory agency when the government repeatedly claims that housing prices are stabilizing through real estate measures. MOLIT has consistently explained that the market will stabilize from August as the holding tax burden on multi-homeowners increases and the three lease laws have passed the National Assembly.
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An official from the Ministry of Strategy and Finance said, "The size of the Analysis Institute has not been finalized because it is a matter to be decided through discussions with related departments such as the Ministry of the Interior and Safety, which is responsible for the organization," and added, "The intention is to prepare an organization that can continuously monitor and timely detect market disruption and illegal activities rather than creating a control body with strong punitive authority."
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