건축법상 이행강제금의 실효성 확보를 위한 입법 통제 방안

Abstract The Building Act imposes various regulations, such as building permits, building notifications, and changes in use, to enhance the safety, functionality, environment, and aesthetics of buildings. If these regulations are not met, the building is classified as a non-compliant buildings, leading to charges for compelling compliance. In this case, if the charges for compelling compliance is more beneficial to the building owner, they will leave the violating building in an illegal state. Consequently, ensuring the effectiveness of the charges for compelling compliance is of critical importance. However, the National Assembly has recently proposed various special legislative measures related to charges for compelling compliance. This study proposes the the following legislative control measures to ensure the effectiveness of non-compliance fines under the Building Act while respecting the legislative authority of legislators. 1.Procedural Control Measures: The general Act on charges for compelling compliance regulates limitation on special cases. 2.Systematic Control Measures: The General Act on Public Administration is the General Act on charges for compelling compliance, and when individual laws are enacted or amended, they should be linked. 3.Substantive Control Measures: In the case of enacting or revising special cases of charges for compelling compliance, Improvement of Administrative Legislation under the General Act on Public Administration should be submitted to the National Assembly.