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A Study on Setting on the Role of Council of Lessees' Representatives and Management Entity in Public Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2015, 72(), pp.85-115
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Jae Kwang Kim 1

1선문대학교

Accredited

ABSTRACT

According to the "2014 Housing Survey" announced by the Ministry of Land, Infrastructure and Transport in April 15, 2015, the rates of home ownership and home owner-occupied of the low-income have declined. This indicates a deteriorating housing stability. Therefore, the policies of public rental housing need to be pushed ahead more systematically. In that respect, "Special Act on Public Housing" and "Special Act on the Construction, Etc. of Private Housing" legislated recently are necessary to be compensated with provisions of rental housing management, unlike "Rental Housing Act". This results from change in the perception transferring 'ownership' into 'residence'. But, there are no specific laws to establish or amend a separate 'Rental Housing Management Rules'. In this regard, the management field of rental housing may has been neglected. Nevertheless, residents living in a rental housing project should make or revise management rules based on relevant laws. Making each management rules, they establish it on the detail basis of 'Standard Apartment Management Rules' made by related department of metropolitan city. These standards founded on relevant laws have contributed to produce the most proper management rules to solve the real problems. Meanwhile, management structure of rental housing can not build the rental relationship like normal housing, because it consists of council of lessees' representatives constituted by lessees and management entity appointed or consigned by rental business operator. Therefore, roles of two management bodies(council of lessees' representatives and management entity by rental business operator) should be analyzed in advance in order to analyze the management structure of rental housing. This article focuses on comparing and analyzing authorities of council of lessees' representatives and management entity related to task, such as appointment of management entity, formulation and revision of the regulations on the management of the rental housing, budget approvals and expenditure including management expenses, managing account of management expense, and operating expense of council of lessees' representatives and election committee etc.. In conclusion, the two special acts related to public rental housing which were recently made should have specific provisions about follow-up management and supervision of rental housing, because of the trends that the higher the preference for public rental housing rises, the more the strife between the tenants and lease operators increases. And it is necessary to enact a separate regulations of 'Rental housing management Rules' for rental house only.

Citation status

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