공동주택관리법상 하자심사ㆍ분쟁조정위원회의 운영에 관한 소고

Abstract

Apart from real estate price issues, the supply of multi-family housing such as apartments has continued to expand due to its very high preference as a residential space among people in South Korea. Considering the reality that over 70% of the population lives in multi-family housing in the nation, quality control for multi-family housing is one of the highly important elements in a residential environment. The focus on the supply of multi-family housing has inevitably resulted in defect disputes. In addition, the greater understanding and interest of a residential space among residents in multi-family housing has led to the exploding number of defect disputes in recent years. The Ministry of Land, Infrastructure, and Transport set up the Defect Examination and Dispute Mediation Committee on March 22, 2009 to ensure the housing stability of occupants and reduce social and economic costs involved in court actions by replacing disputes between occupants and business entities over defects such as cracks in multi-family housing with court actions and promoting their fast and fair solution. The Defect Examination and Dispute Mediation Committee has, however, faced management limitations because of the gap between the committee and the court in defect examinations and the positions of the parties concerned to prefer litigation procedures to conciliation procedures to settle defect disputes as well as the shortage of human and physical resources to accommodate the exploding number of defect disputes year after year. Based on this problematic consciousness, this study examined whether the Defect Examination and Dispute Mediation Committee could serve as a unified agency to resolve defect disputes in multi-family housing and reviewed the introduction of the conciliation-prepositive principle for defect disputes. Specifically, the study checked the need to secure human resources by recruiting more members for the Defect Examination and Dispute Mediation Committee so that the