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A Study on the Legal Role of the Architecture Committee on Building Permission

  • Public Land Law Review
  • Abbr : KPLLR
  • 2020, 89(), pp.81-98
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : January 30, 2020
  • Accepted : February 21, 2020
  • Published : February 25, 2020

Han Sang Hoon 1

1중원대학교

Accredited

ABSTRACT

Architecture is an activity for constructing living environment essential for enjoying people’s healthy and pleasant life. Architecture forms spatial system for the society regardless of time and places. Space is naturally social and society is based on spatial system. Therefore, we need a legal system for encouraging and protecting public value of architectural activity in our society. But current building code runs under unitary condition and building permission process is unclear due to the frequent requests from architectural committee members. Because of these problems civil complaints for building permission increase dramatically recent days. To cope with these problems government implements various administrative efforts especially for the building permission affairs. However, despite of the government’s efforts field architecture considers the current architecture approving process as a rating system determined by committee members’ arbitrary decision. And they insist that it is necessary to abolish the current architecture approving process and to import architectural report system in order to encourage and protect public value of architectural activity in our society. Based on these circumstances this study examines roles of architectural committee in terms of the architecture approving and architectural reporting from architectural law’s perspective and provides future research direction for compromising issues related architecture approving and architectural reporting process. This study finds that architectural committee members exercise a quasi-judicial role in maintenance of order for architectural activities both in private and public sectors despite its weak legal stability. Finally, this study concludes that it is necessary to conduct co-work with architectural fields to solve current problems related to architecture approving process and enhance the positive role and function of architectural committee.

Citation status

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