주택법상 입주자대표회의의 전횡제한을 위한 법제 연구

Despite the Resident Representative Meetings in Housing Act(Hereinafter referred to "the Representatives") is the Organization of Decision Making for the management and supervision of mass houses, the abuse of its powers directly involved in executing on the management of houses causes the fundamental problems. These issues have already been exposed through the media and a variety of solutions have been proposed. Though the most fundamental solution for its improvements will be the correct solution only by a systematic judicial review, it has not been presented by now. Housing Act is a special law of Act on the ownership and management of Aggregate buildings. In spite of stipulation of each role of houses management in Housing Act(Chapter 5), it is true that Representatives govern the Execution body(an enforcement agency) because the Execution body must be enslaved under the power of Representatives that have the rights of employment or appointment it. Due to the principal enforcement mechanism to directly manage mass houses by Representatives, it can not prevent corruption and furthermore Representatives and the Execution body can conceal the commitment of embezzlement. This is a serious cause of problems. Therefore, in order to solve abovementioned problems, Housing Act shall prevent Representatives from executing services of managing houses. And owners and tenants must authorize the execution body to execute every managing service of houses independently from Representatives. By preventing Representatives from abusing power with checks and balances (separation of powers), both sides must collaborate in performing their legal and legitimative duties and must prevent illegal or unfair acts by revising Housing Act under above-mentioned legal principles.