共同住宅인 集合建物의 管理體系에 관한 小考

Concerning a building divided and owned by several persons,the Aggregate Buildings Law was established as a special lawfor the divided ownership at Article 215, the Civil Law and hasbeen enforced. The management system in the AggregateBuildings Law has been managed by a manager appointed as arepresentative by the management office composed of all holdersof the divided ownership, but it has been assumed by a residentrepresentative meeting, a meeting of representatives byapartment building based on the Housing Law calling anapartment over a certain scale as an apartment house. However, the resident representative meeting in the HousingLaw is only a management system for administrative guidanceand regulation to guarantee pleasant residential rights, but it isweak in nature as an entity to ensure property rights andcollective rights including divided ownership and coordinateinterest between residents. That is to say, there were variousproblems as the resident representative meeting in the HousingLaw has a strong public nature, while the management office inthe Aggregate Buildings Law has a strong private nature. For that reason, by means of the revised Aggregate BuildingsLaw in 2012, a management committee system was introducednewly, so users such as tenants come to get involved in themanagement office, which has brought about a lot ofimprovement, but on a long-term basis, it is necessary to seeka scheme to get over the dual system of the two laws. Ultimately, it will be desirable to establish a uniformed lawsuch as an aggregate basic law, but realistically, recognizing theindependent nature of a public law and private law andachieving management effectiveness and guarantee of propertyright at the same time, will be desirable in maintaining the duallegal system and promote functional harmony.