임대주택 관리 규약에 있어서 임대주택의 관리ㆍ운영의 개선 방안에 관한 연구

It is required to improve the rights, relationship of duty and role to be current about the management and operation of house rental of rental management contract and about the regulations between rental business operators and lessees. First, exercise of supervision on the congress of lessees about management authority should be acquired. In other words, exercising the right of appointment and dismiss of management authority is better to be decided through negotiation between the operator and the lessee congress since the role about the duty of lessee congress is critical. Second, the duty of management authority should be clarified. The management authority, as the manager of an apartment house and the one with fiduciary duty, should complete the responsibility and duty about exercising the work. First of all, the management authority’s exercise of duty should not violate the principle of cleanness, the principle of legitimacy in discretionary authority, and the principle of system justification. In addition, about the fiduciary duty, the duty should be exercised according to the principle of protection of trust and the principle of good faith. However, when the lessee or the third party is damaged as a result of willful negligence and fault, appropriate compensation is necessary. Third, matters for decision of lessee congress should be acquired. Currently, matters for decision in the meeting of rental business operator and the lessee representatives on the contract is essential to manage the apartment house and to guarantee the rights of lessees, so that voting rather than negotiating is preferred. Fourth, management and supervision, clear auditing about maintenance cost should be processed. It is good to reinforce the auditing process from the congress of lessees about maintenance cost and expenses. For this, professional and frequent auditing is required. Thus, education on auditing or at least on accounting should be regularized. In addition, criteria and regulations on auditing should be made in order to keep the auditing process clean and accurate, and by enlarging the information function of auditing, satisfactory information should be provided to public lessees. Fifth, voting rights should be exercised through the internet. When it is infeasible for a lessee to participate to a meeting because of time and geographical reason, voting rights should be exercised through the internet other than on a letter. Voting rights exercised through the internet has advantages to save the wasted such as attendence to the meeting, cost and time for acquiring information, securing quorum and rapidity of decision making. Sixth, proper expenses of miscellaneous income are required. Use of miscellaneous income should be on promotion of welfare with the principle that it would be subtracted from joint maintenance cost in order for fair interest of whole lessees. As a result, rather than certain percentage or fixed amount of the miscellaneous income, varied amount regarding the situation and time period should be expensed, and especially it is advisable to increase the amount for welfare of lessees. It is also required to keep the miscellaneous income clean and effective. In conclusion, improvement of regulations is necessary to complete the items above in a good and proper manner. The revision of regulation should be made through negotiation between the operator and the congress. Today, revision of regulation is limited to the operator according to Regulation Section 2 in Article 64, but this paradoxically means that the congress does not have any right to make proposal. Therefore, for the revision of regulation, both party should acquire equal right to make proposal. This is, for the revision of regulation, it should be firstly done for both party to acquire equal right to make proposal.