정비사업 조합 임원의 선임 및 해임에 따른 법률문제

To a reconstruction project association, articles which provide the selection, dismissal, resignation, expiration of an executive's term, fill-in selection of the executives (the executive body of the association) are highly important. However, the standard reconstruction/redevelopment project association articles presented by the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents or the Ministry of Land, Transport and Maritime Affairs are either unspecific or silent on such issues. Any standard articles that do exist within the provisions are largely limited to the methodology of selection and dismissal of executives, and are being used by reconstruction project associations. As a result, there have been numerous disputes and conflicts over issues such as: the standard articles concerning a first-time selection; the effective date of the selection, dismissal, resignation, term of office, and fill-in selection; whether an individual who was dismissed, has resigned, or has finished his/her term in office retains his/her job performance right (as well as the boundaries of the right, if he/she does have the rights); the boundaries of duty of an individual who has the seniority right to appoint an acting director; as well as the boundaries of duty of an acting director. To address these issues: when appointing original executives (individuals appointed for the first time since a reconstruction/redevelopment project association has been organized), the applicable articles are those approved upon the association organization approval that has reached legal agreement terms; regarding the effective date, an selection becomes effective upon its registration; an appointed executive's term ends upon the expiry date of his/her term; a resignation becomes effective upon the date the letter of resignation arrives at the designated recipient; dismissal becomes effective upon decision of dismissal (differing opinions state that it should be effective upon notification); conditional resignation becomes effective upon the date the condition for resignation occurred; the selection of new executives (aside from original executives) becomes effective upon the date of approval (differing opinions state date of registration). When an executive has resigned or has been dismissed, he or she still retains the job performance right before the board of directors or the board of representatives decides to terminate the executive’s job performance. Once the decision is made, if the relative executive is a reconstruction association’s representative, the eldest of the board of directors immediately takes over the representative’s duty; in the case of a redevelopment association, the auditor will appoint an acting director in the representative’s place; and if the relative executive is a director or an auditor, the representative will appoint an acting director in his/her place. The boundaries of the resigned/dismissed executive or the acting director’s job performance is limited to general office work. In the occurrence of any events that constitute grounds for disqualification provided by law, or in the case of a replacement due to buying or selling of property: an individual who have yet to apply for lot distribution will be subject to conditional resignation. In such cases, the person has no job performance rights, and a by-election should be held immediately. Regarding the job performance rights of an executive whose term at office has ended: he/she has no job performance rights if there are vacancies in the quorum provided by law; if there are no vacancies, he/she retains the rights until his/her successor is selected. However, the boundary of job performance is determined individually and specifically in accordance with Supreme Court Decisions. Such boundaries exceeds general office work.