시행과 시공의 구별 ― 종합공사에 대한 건설산업기본법 조항의 위헌성 ―

Constructor is devided into comprehensive and specialized construction business operator in Framework Act on The Construction Industry. Most of constructions are classed as comprehensive construction, and only comprehensive construction business operator can make contracts for comprehensive construction. This prohibits not constructing but making contract, so specialized construction business operators can take part in construction by subcontract. The comprehensive construction business operators have to construct directly only on small-scale construction, so most of constructions are done by specialized construction business operator. Although comprehensive construction business operators take charge of construction management, they are overestimated in capability of construction as contracting party. As a result, housing market has been overheating. To solve this problem, it is provided in Framework Act on The Construction Industry that for comprehensive construction, only comprehensive construction business operator can construct. It means that comprehensive construction business operators have to construct directly and have practical capability of construction. At least it must be revised that the person placing an order can choose to contract with specialized construction business operator separately or comprehensive construction business operator together. In the long term, construction management is classified as the co-development or the acting development.