본문 바로가기
  • Home

A Legal Review of the Improvement of the System for Correcting Illegal Building Behavior

  • Korea Real Estate Review
  • 2020, 30(4), pp.45-55
  • DOI : 10.35136/krer.30.4.4
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate
  • Received : October 14, 2020
  • Accepted : December 11, 2020
  • Published : December 31, 2020

ShinPyeongWoo 1

1명지전문대학

Accredited

ABSTRACT

The objective of this paper is to identify the pattern of non-compliant buildings from an analysis of cases of administrative appeals and Supreme Court rulings and to seek ways to improve the system. An analysis of the relevant cases suggests that residential housing and neighborhood convenience facilities accounts for 56.81% and 26.91% of the total non-compliant cases, respectively. Also, the overall percentage of violations as well as the cases of illegal expansion of floor space, conversion of uses, expansion of balcony space, and illegal use of rooftop space in residential buildings have been increasing over time. These violations increase the exposure to risks of fire and threaten the lives and safety of residents, and calling for an effective mechanism of fines and compulsory interventions. In addition, the current system of laws and regulations related to building construction need to be streamlined. Since this will require some time, priority should be given to specifying the regulations governing the local building safety centers in the short term.

Citation status

* References for papers published after 2023 are currently being built.