특정건축물 정리에 관한 특별조치법의 개선방안에 관한 소고

Abstract

The “Legalizing Specific Building by Special Measure Act” (abbreviated as the “Specific Building Legalization”) is a temporary law that allows for the legalization of small residential violating buildings under specific conditions through using approval. The “Specific Building Legalization” mandates on-site investigations to determine whether a building qualifies as a specific building, even if the investigators are not experts in the fields of construction, safety, and machinery. To ensure professional and safe using approval, it is necessary to address the issues of lax on-site inspections by introducing a system involving engineers in specialized fields and specialized civil servants. One of the concerns is related to the setback regulation from north side of the building to secure sunlight, which could unintentionally lead to illegal expansion through the formation of verandas. This setback regulation from north side needs to be reconsidered to avoid potential violations of legal fairness. Additionally, the law provides an exemption from the obligation to create an additional parking lot when the building's area increases at the time of using approval under the “Specific Building Legalization” through the 'Special Exception for Establishment of Attached Parking Lot.' Instead of granting special exemptions for parking lots, an alternative plan should be developed to maintain legal fairness. Upon the enforcement of the “Specific Building Legalization”, there should be a plan to increase awareness and establish an application support system to prevent exclusion from the designation of specific buildings due to lack of recognition or ignorance of the law. Furthermore, there is a need to prevent the proliferation of residential violating buildings, especially right before the law comes into effect, by excluding recently constructed buildings that have been using approved for less than two years from being considered as specific buildings. Despite being a temporary law, building owners, contractors, and executors seem to expect repeated enforcement and continue constructing small residential violating buildings. To address this issue, continuous additional enforcement of the “Specific Building Legalization” should be prevented, and administrative penalties for violating buildings built after the enforcement should be strengthened. The scope of punishment should also be expanded to include constructors and implementers. Overall, refining and addressing these concerns will be crucial to ensuring the effective and fair implementation of the “Specific Building Legalization” while promoting safety and compliance with building regulations.