건축물 하자담보책임제도에 관한 관련법령 및 실태분석을 통한 개선방안

Abstract

Proper management of building’s defects plays a very critical role in keeping of building’s quality and durability. As it is well known that effective measures to enhance defective warranty liability have not been properly implemented although they are a very urgent and serious issue in real life, this study analyzes four relevant legislations that contain provision of defective warranty liability and approx, 88,000 defect data issued by the Construction Guarantee between 2000 and 2020. Through analyzing relevant legislations, it is confirmed that the institutional basis for effectively resolving disputes between rights holders and obligers was weak due to the complexity of the relation between two parties and absence of definitive rules and process for settlement in current laws. With the analysis of actual cases over the 20 years, the study finds out that there are a few critical defects staus, such as the average ratio of defect occurrence (21.8%), average amount of defects (96 M; KRW), and solving period (696 days). It takes a significant long time (696 days) to solve the defects problem although they are very common in real life. As an alternative to solve this problem, the establishment of a defect definition regulation, establishment of a defect determination system, and operation of a defect repair center have been proposed in the Framework Act on the Construction Industry.