Government legislation ministry denies residence duty exemption for overseas stay before move-in

The Ministry of Government Legislation said Tuesday that a homebuyer cannot claim an exemption from mandatory residency rules due to a family member's overseas work assignment if the absence occurred before the buyer actually moved in.

The ruling, issued on the 22nd under case number 26-0513, addressed homes subject to the cap-price system. The ministry explained that the legal obligation to reside begins only once the buyer physically moves in, even if this occurs within three years of the initial availability date. Consequently, any overseas stay triggered by a job before that move-in date falls outside the protected period.

Under the Housing Act and its enforcement decree, exemptions are granted for unavoidable reasons such as working abroad, but strictly during the official residency period. While exceptions exist for those already living or working in the construction region at the time of the lottery, the petitioner in this case resided elsewhere and did not qualify.

The ministry grounded its decision in the legislative intent of the Housing Act, which aims to supply housing centered on actual demand rather than speculative investment. It argued that interpreting the law to include pre-occupancy absences would render the residency requirement ineffective.

A company representative stated that the case does not fall under unavoidable reasons and thus cannot be considered as meeting the residency requirement.