2023년 개정 집합건물법의 주요 내용 및 개정 동향에 관한 소고 - 행정규제 및 결의요건 완화를 중심으로 -

Abstract

The Act on Ownership and Management of Condominium Buildings will take effect on September 29, 2023 after being amended as the Act No. 19282 on March 28, 2023. This amendment shall be understood as an extension of the purpose amended by the Act No. 16919 on February 4, 2020. We can see that the major items amended were about supplementing for the operational problems under the Act regarding transparency of the management fees and relaxation of the resolution requirements, and about legislatively addressing the problems revealed during the operation process. The goal of the government (Ministry of Justice), which had pushed through with the amendment was to improve the transparency of management fees for condominium buildings such as officetels and shopping center, and to prevent a vacuum in management. In this paper, I have reviewed the major items amended and amendment trends of the 2023 amendment compared to the 2020 amendment. First, as a background for the amendment, I have looked into the reasons for the recent need for transparency in management fees in relation to condominium buildings and the reasons for legislative responses to the vacuum in management. Next, I have reviewed and commented on the following individual matters including addition of the persons required to be reported by manager, manager's duty to prepare and maintain account books, reinforcing management of standard rules, relaxation of resolution requirements for items such as matters in writing, and relaxation of the resolution requirements for re-construction of resort condominiums.