韓國의 共同住宅 瑕疵에 관한 硏究

Abstract

Korea has created economic prosperity and material satisfaction through industrialization and urbanization since the sixties. But along with its rapid economic growth has come population growth and the nuclearization of the family. This has caused serious deficit in housing. In addition, real estate speculation since the eighties has exacerbated the problem. In responses the government has created a policy to accelerate housing construction . As a result, condominum has increased remarkably along with the defects. These defects arise in every stages from design, construction to maintenance. Condominium defects are covered by Korean civil law, act on the possession and management of multi-unit buildings(MUBA), the Korean housing law(KHL) and its implementing ordinances(KHLO). Korean civil law §667 to §671(contracts for work) apply correspondingly to MUBA §9. But in reality Korean housing law and its implementing ordinances apply mainly to condominums over a certain size. In response, on May 26 2005 MUBA and KHL were amended. In particular, the additional rule §6 of MUBA was amended to be applied under KHL §46 in the case of warranty-covered defects. But the additonal rule has been criticized as unconstitutional, and is awaiting judgement by the Korean Constitutional Court. Therefore, it is necessary for us to examine carefully the above amended acts. The problems of the Korean condominium defects repair system are as follows. First, the lack of building inspection of defects during construction or a uniform condominium defects repair system. Second, the scattered rules on defects responsibility of condominium. Fourth, the lack of an overall management system of housing quality. Fifth, the vagueness of descriptions of defects and remedies. Lastly, the following are possible ways of improving condominium defects repair system. First, thorough on-the-spot construction management by an appropriate intendant. Second, the addition of complementary measures to the above laws. Third, the gradual introduction of a system of post-construction sales. Fourth, the creation of clear definitions of defects and the concerned parties responsibilities. Fifth, the introduction of comprehsensive liability insurance. Lastly, the development of an open and comprehensive system for monitoring defects.