2020년 개정 집합건물법의 성과와 한계 ― 원활화 조치를 중심으로 ―

초록

The 2020 reform of the Korean Sectional Title Act(hereafter ‘Act’) can be understood as an extension of the previous 2012 reform of the Act on the one hand, and as a legislative reaction to the latest problems that have appeared so far on the other hand. The Korean Ministry of Justice officially identified two goals of this reform: facilitation and transparency of multi-unit buildings management. Accordingly, this article classifies the additional or revised articles of the new Act into the measures for facilitation and the ones for transparency, and scrutinizes contents and limits of the former, leaving out the articles concerning nuisance conflicts. Hence, discussed are the general necessity of facilitation measures in multi-unit schemes as well as their special necessity in the current legislative situation in Korea(Part Ⅱ). Then, analysed and commented are the reform issues as follow: abolition of the minimum size standard of multi-unit shops(Article 1-2 (1) 2 abolished, Article 54 (1) 3 amended), decreasing the quorum for changing common property(Article 15 (1) amended), introducing remodeling procedure(Article 15-2 enacted), and establishing manager registration system as well as provisional manager(Articles 24 (6) and 24-2 enacted) [Key-word] : Facilitation of Management Body, Object of Sectional Title, Procedure for Changing Common Property(Remodeling), Manager Registration System, Provisional Manager .

키워드