공동주택 하자분쟁해결 제도의 현황 및 개선방안 연구

Abstract

The purpose of this study is to examine the current status of alternative dispute resolution systems for disputes related to defects in apartment complexes and to suggest improvement measures from a legal system perspective. To this end, Chapter 2 examines defects and collateral liability in apartment complexes. This article researches the concept and types of defects in apartment complexes under the current law, and studies the main points of liability for defects in apartment complexes under the ｢ Apartment Housing Management Act｣ and the defect repair deposit system. Through this, the main points of defects and collateral liability for apartment complexes under positive law and the contents of the system for guaranteeing the same are identified. Chapter 3 examines the overall details of the alternative apartment complex defect dispute resolution system. To this end, this article researches the basis for establishing the Defect Review Dispute Mediation Committee under the ｢Apartment Housing Management Act｣ and the Consumer Dispute Mediation Committee under the ｢Framework Consumer Act｣ and the method of organizing the committees. In particular, regarding the Defect Review and Dispute Mediation Committee, related regulations are examined in detail, focusing on the defect review system, dispute mediation and financial systems. Chapter 4 examines the tasks for improvement in the legal system and looks at improvement measures for efficient and fair multi-housing dispute resolution. These improvements include discussion of improvement measures from a legal theoretical perspective as well as policy improvement measures. Chapter 5 summarizes and organizes the main contents of this paper as a conclusion and provides additional explanations on legal and institutional improvement tasks.