가설건축물 관련 행정소송의 주요 쟁점과 입법론

Abstract

The key object of discipline in the Building Act is the ‘building’. The Building Act stipulates the definition of buildings and regulates various matters related to buildings such as building permits and building reports. In the Building Act, the concept of a ‘temporay building’ is distinctly used from the concept ‘building’. The definition of a ‘temporary building’ is not stipulated in the Building Act, but rather the specific types of temporary buildings subjected to regulations are listed in subordinate statutes. With the recent increase in administrative litigation on disputes regarding temporary buildings, the following issues were raised in precedents of Supreme Court and lower court: the criteria distinguishing ‘temporary buildings’ and ‘buildings’, the legal nature of temporary building reports, and the relationship between temporary building reports and other permits. From these precedents, problems arising due to ambiguous or insufficient regulations of the Building Act on temporary buildings were discovered. Since violations of the regulations on temporary buildings under theBuilding Act are subject to not only administrative sanctions but also criminal punishment, there is an imperative need to improve the regulations of temporary buildings in a way that the public and administrative agencies can clearly understand the contents of regulations and legislative purposes of temporary buildings. From this point of view, it is necessary to check generally the problems identified in the administration of temporary buildings and to seek improvement on current regulations on temporary buildings.