「집합건물의 소유 및 관리에 관한 법률」 개정안의 검토

Abstract

In Korea since the enactment of 「the Act on the Ownership and Management of Aggregate Buildings」 on April 11, 1985, there have eleven amendments of the act. However, the act has been criticized whether the content includes the advancement and realization of the management of aggregate buildings. Recently, the government has issued advance notice of the 12th revision to establish the effective building method law that follows a standard of the apartment housing management act. The revision includes the following provisions: alleviating the requirements for establishing the division of the shopping mall, providing the obligation of noticing to the first manager of the building, alleviating the quorum of management assembly meeting, improving the system of the management members, providing a new management transparency system, establishing a supervision rights by the heads of local autonomous governments, providing a new system of alteration right in common area of a building, and so on. However, it has some questions as to whether the revision can guarantee its effectiveness in practice. It has also a problem whether it is reasonable to leave the provisions of public law regulated property indiscriminately in the law as a justice. Therefore, this study will introduce the case of foreign country in Japan. That is, the resident representative meeting should have legal personality as a corporate body. The management team should clarify the responsibility or limitations of the management, and safety management of transaction. This study also proposes the necessary device to guarantee the group activities of the resident representative meeting through the legalization of the establishment of the association.