아파트 재건축 시장의 규제와 경쟁에 관한 법적 고찰 -시공사 선정을 중심으로

Abstract

The reconstruction of apartments in Korea is subject to very strong regulations because of the excess profits from reconstruction occurred in the process of demolishing old houses and building new apartments. In particular, almost all procedures in the process of implementing reconstruction projects are required to be approved by local governments, so there is no procedure, which is carried out by the owners' initiatives except determining the company of reconstruction. Of course, there are public guidelines in the bidding process, it can be defined an "apartment reconstruction business market". And the power of brands of the company is so strong and their apartments in the market can be seen as an important indicator of consumers' choice and price of the apartment. In such an apartment reconstruction business market, construction companies can engage in competitive restrictions such as bidding collusion and unfair advertising. On the contrary, reconstruction unions can also use their trading positions to engage in refusal to deals or transaction abuses, which should be considered important in implementing competition laws. However, as the amount of reconstruction decreases due to strong regulations, small and medium-sized construction companies may be excluded from competition as consumers who value brands often choose large construction companies. Therefore, the government needs to ease regulations on reconstruction while at the same time establishing a joint supply and demand body as an exception to unfair joint action in cases of reconstruction larger than a certain size.