The A apartment complex in Jongno District, Seoul, has been experiencing conflicts among residents over the solicitation of public daycare centers since last year. Jongno District requested to install a public daycare center in the apartment's space, and as the residents' representative meeting planned to present this as an agenda item, some residents opposed it, claiming it would 'devalue their property.' Some residents were reported to have made statements such as, 'If you have to send your child to daycare in order to work, then quit your job and take care of your child at home.' A Jongno District official noted, 'The conflict is still ongoing.'
As voices against the installation of daycare centers in apartment complexes have emerged, the government has relaxed the conditions for signing lease contracts for daycare centers in apartment complexes. This measure lowers the threshold for operating daycare centers in apartment complexes, allowing for easier installation even in the face of some opposing opinions. Until now, a majority (50%) of prospective residents had to agree before signing a lease contract for a daycare center in the complex, but going forward, only 30% of prospective residents will need to agree for the daycare center to be leased free of charge.
To address the low birth rate issue, the government mandated the installation of public daycare centers in new apartment complexes with over 500 households starting in 2019. Additionally, it has allowed public or private daycare centers to be leased free of charge within apartment complexes with consent from the residents (prospective residents).
According to the Ministry of Land, Infrastructure and Transport, the government announced on the 15th after a cabinet meeting the 'Partial Amendment to the Enforcement Decree of the Housing Management Act.' In the amended enforcement decree, the government has relaxed the consent requirements for lease contracts of daycare centers in apartment complexes. In 2017, the government established provisions related to the Housing Management Act, allowing for lease contracts for daycare centers to be signed and operated with the consent of prospective residents before the formation of the residents' representative meeting. This measure allows for daycare centers to operate immediately after moving in. However, achieving more than 50% consent made it difficult to obtain agreement from prospective residents.
The recent amendment lowers the existing consent rate from 50% to 30%, making it easier to finalize lease contracts for daycare centers. The government stated that the reason for the amendment is to 'facilitate smooth lease contracts for daycare centers by relaxing the consent requirements for lease agreements within apartment complexes.'
Director Kim Young-a of the Housing Construction Supply Division at the Ministry of Land, Infrastructure and Transport said, 'The system has been improved so that daycare centers in apartment complexes can be installed a bit more easily, which is more favorable for newlyweds or households that have given birth.' Director Kim added, 'Since apartment complexes are privately held properties jointly owned by apartment owners, the decision-making of the residents' representative meeting is the most important according to the principle of private autonomy,' but noted that 'as the number of households giving birth declines and the number of residents with children decreases, it is becoming difficult to operate daycare centers with more than half of the consent being obtained.'
Due to the effects of low birth rates and aging, opposing views regarding the installation of daycare centers in apartment complexes are spreading. In February of last year, a daycare center in an apartment complex in Gwangju was reported to have requested a change of use to the local district due to 'urgent difficulties in operation caused by a rapid decrease in the number of enrolled children,' but this request was rejected.
In response, the owner of the daycare center filed a complaint with the Anti-Corruption and Civil Rights Commission, which recommended that 'the public interest gained by preventing the change of use of a privately-owned daycare center is outweighed by the damage to the complainant's private property rights, and given that a high percentage of apartment residents also favor changing the use of the daycare center for other purposes, a change of use should be granted.'