공동주택관리규약을 둘러싼 법적 쟁점에 관한 고찰

Abstract

Multi-Family Housing (Apartment Housing) is a prominent form of housing in modern society. Among these, apartments represent the largest proportion. Each multi-family housing (apartment) has its own autonomous decision-making body, the "Council of Occupants' Representatives" established by law to decide key matters related to apartment management. Furthermore, each unit has its own "Multi-Family Housing Management Rules," which stipulate the rights and obligations of residents. The Multi-Family Housing Management Rules basically have an autonomous normative nature in that they are autonomous regulations among residents. However, since the establishment of the Multi-Family Housing Management Rules is mandated by law and there is an obligation to report to the administrative agency when establishing or revising the Multi-Family Housing Management Rules, it can be said that they also have a public law nature. In addition, the legislative intent and purpose of the Apartment Management Act is to resolve conflicts between residents living in apartments, to manage apartments transparently, safely, and efficiently, thereby enhancing the public nature of apartment management and contributing to improving the actual standard of living of citizens. Therefore, it can be said that regulations under public law are necessary. In particular, in the process of forming Multi-Family Housing Management Rules by majority rule in the process of establishing and revising Multi-Family Housing Management Rules, if the Multi-Family Housing Management Rules established and revised by the majority include contents that excessively restrict the property rights of a small number of residents, it may infringe on the rights of a specific household, and therefore public regulation is necessary. However, under the current legal structure where the administrative agency processes this as a simple report, there are virtually no public regulatory means. Therefore, this paper takes these points as a problem and examines the concept of Multi-Family Housing Management Rules, the procedures for establishing and revising Multi-Family Housing Management Rules, and their legal nature for transparent, safe, and efficient management of apartment complexes. In addition, we examined cases of conflict related to Multi-Family Housing Management Rules, analyzed the possibilities and limitations of administrative agencies' practical review, and proposed the following improvement measures to ensure efficient management of apartment complexes and protect the fundamental rights of residents, including property rights. First, the Apartment Management Act should be revised to explicitly designate the current reporting system as a "Report Requiring Acceptance" thereby legally codifying the administrative agency's substantive review. Furthermore, an expert review body should be established to enable administrative agencies to conduct substantive reviews of Multi-Family Housing Management Rules enacted and revised. Furthermore, the administrative agency's review opinions on these regulations should be mandatory. Second, in order to secure the procedural legitimacy of the operation of the Multi-Family Housing Management Rules, before holding a meeting of residents' representatives to discuss agenda items, a procedure must be followed to quantify the rights and interests of minority residents who will be restricted due to the basic rights restriction provisions, and a preliminary public hearing must be held to explain the important details of this, thereby securing procedural legitimacy.