集合建物法의 문제점과 바람직한 개정방향

초록

This essay scrutinizes current problems of Act on the Ownership and Management of Aggregate Building Act(hereafter “Aggregate Buildings Act”) and gives rise to further discussions by suggesting some reform proposals from the author's private view of point. Aggregate buildings are currently controlled by sectional legislations according to type of use(housing, salesroom, factory etc.). Hence, Aggregate Building Act, as a prolonged part of the Civil Code, is expected to play a role of general rules;actually it fails to do it, because above all Housing Act, which originally aimed to rule public housings built and supplied by the state and local authorities, has permanently extended scope of application and enlarged controlling list to threaten the whole scheme of aggregate buildings legislation as a result. The current situation is however criticized: on one hand, the ratios of Housing Act such as balanced utilization of national land as well as residential stabilization, could not justified, for the theoretical as well as comparative reasons, to apply to property conflicts between private persons; on the other hand, paternalism has a tendency to rule out self-mechanism of private autonomy to form a vicious circle of ever more regulations in order to cope with resulting injustices. Here, for those reasons, are suggested a return to realization of private autonomy as principle of Aggregate Buildings Act, on which several legislation steps are proposed one by one in order of freedom, faith and guarantee.

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