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The Legal Issues on the Establishment Procedure and the Approval of the Maintenance Project Association

  • Public Land Law Review
  • Abbr : KPLLR
  • 2017, 77(), pp.143-176
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

LEE SANG HOON 1,  Seok,Ho-Young 2

1명지전문대학
2명지대학교

Accredited

ABSTRACT

The urban redevelopment project in our country has been implemented by several laws such as the old urban planning act, the old urban redevelopment act, the old housing construction promotion act, etc., so it has always been difficult to implement the efficient and comprehensive projects due to the vacuums generated among the related acts. Consequently, in order to solve this situation, the urban maintenance and improvement act integrating the laws related to the maintenance projects such as the old urban planning act, the old urban redevelopment act, the old housing construction promotion act, etc. was enacted in 2003. The purpose of the enactment of the urban maintenance and improvement act was to improve the urban environment and the quality of residential life by enacting the provisions necessary for improving the areas which need the recovery of urban function and the improvement of residential environment devicefully and for building the old and poor buildings efficiently. The maintenance project under this act means the project which aims to prevent the decline of the urban function and the residential environment caused by the thoughtless development, and to rebuild the poor buildings and housings or to maintain the maintenance infrastructure in order to recover the urban function. The maintenance project under this act is divided into five projects, which are the residential environment improvement project, the housing redevelopment project, the urban environment maintenance project, the residential environment maintenance project, and the street housing maintenance project, depending on the extent of the deterioration, the necessity for the residential environment improvement, and the maintenance infrastructure improvement or expansion. The maintenance project under this act consists of five procedure steps, ① the designation of the maintenance area, ② the composition of the promotion committee, ③ the establishment of association, ④ the project execution plan, and ⑤ the management disposal plan. In this process, the problems such as the conflicts among the interested parties related to the maintenance projects, the delay of project and the cost increase, the economic and mental losses for the association members, etc. frequently occur. Especially, in the procedure of maintenance project, the uncertainty of the cost sharing, the poor agreement rate, the legal nature of the establishment of association, etc. have consistently been the main legal issues in relation to the maintenance project. Thus, this study first reviews the establishment procedure of the maintenance project, and also reviews the legal issues that have sustainedly raised in the previous studies related to the maintenance project association and the authorization for the establishment of association.

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