재건축사업에서 시공자 선정의 법적 쟁점과 과제

In the case of reconstruction projects under the Act on the Improvement of Urban Areas and Residential Environments (Urban Improvement Act), disputes frequently arise between the association, acting as the project implementer, and the contractor regarding the increase in construction costs. This is due to the discrepancy between the formal project procedures outlined in the Urban Improvement Act and the project procedures in practice. The reconstruction project is a public development project with a strong public interest that is governed by public law. Once the association, as the principal project implementer, receives approval for its establishment, it is granted the status of a public administrative entity. In this role, it undertakes administrative actions as a public corporation and must implement the project independently as an autonomous administrative entity. However, the current Urban Improvement Act requires the selection of the contractor for reconstruction projects at an early stage of project implementation, after the association's establishment has been approved. This often leads to disputes over construction costs between the association and the contractor due to changes in the conditions, architectural designs, and subsequent modifications to the construction contract during the authorization of the project implementation plans. In particular, disputes over construction costs may arise due to the contributed acceptance of fundamental infrastructure for completing the project implementation plans, the construction-related administrative procedures required before approvals and permits, and the lack of a clear basis for calculating construction costs when signing the construction contract. These issues are caused by the system of the Urban Improvement Act, which mandates selecting the contractor after the approval of the association’ establishment, rather than after the authorization of project implementation plans. Therefore, it is proposed to select the contractor after the authorization of project implementation plans, rather than after the approval of the association's establishment.