입주자대표회의의 법적 지위 - 공동주택관리법을 중심으로 -

Abstract

Since a collective housing is a building jointly owned and used by a number of people, restricting the rights of a occupant or a user through the laws and regulations is permitted unless the laws are contrary to the Constitution. As such laws are the Act on the Ownership and Management of Aggregate Building(hereinafter referred to as “Aggregate Building Act”) and the Collective Housing Management Act. According to Article 6 of the Aggregate Building Act as follows: The special provisions of the Housing Act regarding the method and standard of the management of aggregate housing shall be effective, unless they conflict with this Act and damage the basic rights of the sectional owners. It means that the Collective Housing Management Act is a special law. Once a sectional ownership relation is established on a building, a managing body which is comprised of all sectional owners shall be established for the purposes of carrying out a business concerning the management of the building, site, and its annex facilities(Paragraph 1, Article 23 of the Aggregate Building Act). The managing body composed of the entire sectional owners pursuant to the Aggregate Building Building Act is a private association than a juristic person, and A manager shall be appointed if the number of sectional owners is not less than ten persons. Council of occupants' representatives shall be consisted of at least four persons, the representatives elected in each constituency determined by the management rules in proportion to the number of households by buildings. Council of occupants' representatives is a private association than a juristic person, and manages a collective housing. The autonomous management organization shall be subject to the supervision of the council of occupants' representatives, and The council of occupants' representatives shall select and appoint the head of management office of the autonomous management organization by the concurrent votes of majority of its constituents. Also, we should recognize the establishment of a ‘occupants’ association‘. If the establishment of occupants’ association is recognized, the occupants’ association will perform the role of the representative body, and legislative organ. The occupants’ association is a private association than a juristic person, and manages a collective housing.