아파트 주차장 출입구 등 무단주차 대응 방안

Abstract

In many cases, police and local governments are unable to take action against residents who block the entrance and exit of an apartment parking lot with their vehicles because it is done on private property. Although criminal penalties for obstruction of business are imposed afterward, there is a significant gap in that what residents want is to immediately secure traffic safety on the spot. In order to resolve the gap, police orders and immediate coercion, emergency seizure of vehicles, administrative measures by local governments, and self-help by residents were considered, but each of them is difficult to realize due to the unavailability of conditions. Accordingly, a plan to re-establish the concept of roads in the Road Traffic Act was first proposed. In the Supreme Court decision, it is recognized that it is a place where safe and smooth traffic is required, which is the purpose of the law, so that police powers can be exercised like roads. However, in order to prevent excessive intervention of general police powers in areas where autonomy is recognized, it is necessary to restrict the invocation of police powers to be made after receiving the 112 calls. We also proposed an approach to solve the problem by focusing on apartment parking lots first. It was also proposed that the Parking Lot Act be amended to allow local governments to take direct administrative action based on requests from apartment managers to move unauthorized vehicles parked in off-site parking lots. This will create conditions for the police and local governments to exercise their powers in a way that meets the public's expectations, and lay the groundwork for them to play an active role in resolving conflicts between residents.