Furious Public Sentiment Met with Carpet Bombing Instead of Pinpoint Strikes... Concerns Over Real Estate 'Big Brother'
Strong Measures Within a Month of Suspicion Arising
Significant Increase in Public Officials' Asset Registration and Tougher Punishments
Accelerated Transaction Analysis... Verification of Personal Finance and Taxation
"Feels Like Rushing Punishment Strengthening"... Concerns Over Effectiveness
[Asia Economy Reporter Moon Jiwon] The government, facing backlash over allegations of land speculation by employees of the Korea Land and Housing Corporation (LH), has unleashed a ‘carpet bombing’ style of ultra-strong regulatory measures. This is interpreted as an escalation of countermeasures in response to the growing public outrage over public officials’ speculation ahead of the Seoul mayoral by-election. While many in the market agree on the need to strictly punish the immoral speculative behavior of public officials, there are considerable criticisms that the measures, hastily devised just a month after the allegations surfaced, lack effectiveness. Although strong measures were introduced immediately to calm public anger, there are concerns that excessive legislation and administrative waste could arise during the subsequent institutional establishment process.
Carpet Bombing Instead of Pinpoint Measures Amid Boiling Public Sentiment
According to sources inside and outside the government on the 30th, the government’s ‘Measures to Eradicate Real Estate Speculation and Prevent Recurrence’ announced the previous day are analyzed to be closer to all-out carpet bombing regulations rather than pinpoint regulations that only remove the problematic parts. This is unprecedented because it establishes a dense double and triple surveillance network and strong punishment regulations across four areas: prevention, detection, punishment, and recovery related to speculation. Industry insiders also analyze that real estate speculation has effectively become an illegal act comparable to ‘pro-Japanese anti-national acts.’
Looking at the government’s measures, those caught speculating on real estate in the future will face ruinous punishments. For the four major disruptive acts in the real estate market, such as illegal resale and unfair subscription, regulations will be introduced to impose penalties up to five times the amount of unjust gains. Fines for simple neglect of mandatory duties, such as failure to report real estate transaction cancellations, will be increased up to tenfold, and those involved in market disruption will be completely barred from employment in related institutions and industries such as licensed real estate agents.
Double and Triple Surveillance Networks... Concerns Over Big Brother
There are many concerns that the government’s real estate ‘Big Brother’ will accelerate due to the excessively broad scope of application and high level of punishment in this measure. A representative example is the establishment of the Real Estate Transaction Analysis Institute, which can monitor the real estate market on a continuous basis. Since the ruling party proposed the bill last year, discussions have stalled amid controversies over ‘market contraction’ and ‘excessive authority,’ but recently it has gained momentum again. The institute will include experts from the Ministry of Land, Infrastructure and Transport, the National Tax Service, the police, and the Financial Supervisory Service, and will have the authority to scrutinize individuals’ financial and tax information.
Currently, the submission of a funding plan is required when purchasing a house, but this will be expanded to land as well. The government plans to thoroughly investigate how funds were raised when purchasing land of a certain size, such as over 1,000㎡ or over 500 million KRW. The purpose is to prevent nominee transactions through relatives and acquaintances. However, there are concerns that this could excessively contract the market. Illegal real estate speculation using insider information is limited to some high-ranking public officials, but such measures could also suppress real estate transactions among ordinary people, causing side effects.
Millions Required to Register Assets? ... Effectiveness Debate
There are also criticisms regarding administrative waste and effectiveness. Through this measure, the government has in principle made asset registration mandatory for ‘all public officials.’ Currently, about 230,000 public officials, mainly senior officials at grade 4 or above, register their assets with the Ministry of Personnel Management, but in the future, public officials involved in real estate-related work will also be included. About 1.3 million public officials who are not subject to registration by the Ministry of Personnel Management will have to register their assets within their respective organizations. The total number of subjects exceeds 1.6 million, and considering direct relatives and descendants, it is expected to reach several million. Because of this, there are complaints inside and outside the public sector that treating lower-level employees without speculation concerns as criminals is excessive.
Despite such extensive regulations, it is analyzed that completely blocking illegal speculation such as nominee transactions will not be easy. Although the legal net has been tightened, there is no way to prevent real estate speculation conducted under the names of siblings, spouses’ relatives, friends, and others.
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Doosung Kyu, Senior Research Fellow at the Korea Research Institute for Construction Industry, explained, “It is right to take after-the-fact measures regarding the LH incident, but the government seems to be rushing to strengthen punishments while investigations are ongoing and the exact nature of the problem has not yet emerged. Structural measures must follow to prevent such incidents from recurring.”
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