都市 및 住居環境整備法上 賦課金·淸算金 徵收委託과 改善方案

The Supreme Court found that the Housing Reconstruction Association could file Party Suit against association members in case the head of Si/Gun etc. refused to entrust collection of settlement money to the Housing Reconstruction Association. Since the public law and the private law are complementary to each other in order to achieve one administrative purpose, if the Method of Enforced Management is not prescribed to secure the performance of the obligations under the public law or even if prescribed but exercise is not possible, It should be allowed to perform the obligations under the private law. There is no adequate means to secure the performance of obligations such as head of Si/Gun etc. in the case that head of Si/Gun etc. refuse or delay the entrustment collection of imposition or settlement money under the current law. In addition, unless there is a regulation, the Rearrangement Association should not be able to collect imposition or settlement money directly by referring to the practices of dispositions on default of local taxes. Therefore, when the head of Si/Gun etc. refuse to entrust collection of imposition or settlement money, it is practically impossible to forcibly collect imposition or settlement money by the Method of Enforced Management. Therefore, the Supreme Court judicial precedent that it is possible to file a Party Suit against a member of the association is reasonable. However, Rearrangement Association could have gained imposition or settlement money without executive titles. So, It is not appropriate for Rearrangement Association to secure collection of imposition and settlement money by file a Party Suit against the member of association, due to the accidental charge that head of Si/Gun etc. refuse the entrustment collection of imposition or settlement money. In the case where the Rearrangement Association filed a Party Suit against a member, the existence of the obligation to pay the imposition and settlement money should be concluded in accordance with the official rights of the bills. In addition, It is necessary to amend Act On The Maintenance and Improvement Of Urban Areas and Dwelling Conditions For Residents, that the head of Si/Gun etc. are not able to refuse or delay the collection of imposition and settlement money. And if the head of Si/Gun etc. don’t initiate or complete the collectoion within a certain period of time, It is necessary for head of Si/Gun etc. to compensate for the damage or let the regional local government collect of it on its behalf. In the event that it is not possible to impose a collection obligation on the Si/Gun etc., it is necessary to amend Act On The Maintenance and Improvement Of Urban Areas and Dwelling Conditions For Residents so that the Rearrangement Association can collect direct imposition and settlement money or uses the bills and settlement bills for execution titles. In addition to this, it is necessary that the Members parceling-out contract, which has been pointed out as invalid in violation of the Act On The Maintenance and Improvement Of Urban Areas and Dwelling Conditions For Residents has been designated valid, and the Rearrangement association has decided to entrust the collection of the imposition and settlement money to the Si/Gun etc. or make a Members parceling-out contract that the Members parceling-out contract, which has been pointed out as invalid in violation of the Act On The Maintenance and Improvement Of Urban Areas and Dwelling Conditions For Residents has been designated valid, and the Rearrangement association has decided to entrust the collection of the imposition and settlement money to the Si/Gun etc. or make a Members parceling-out contract