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Measures to improve a legal system for support and management of small-scale deteriorated apartment houses
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소규모 노후 공동주택의 지원 및 관리를 위한 법제도 개선방안

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Type
Academic journal
Author
So Sung-kyu (대진대학교) 고병철 (대진대학교)
Journal
한국집합건물법학회 집합건물법학 집합건물법학 제22권 KCI Accredited Journals
Published
2017.1
Pages
1 - 35 (35page)

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Measures to improve a legal system for support and management of small-scale deteriorated apartment houses
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Housing pattern in South Korea has changed from a detached house to apartment houses and the number of deteriorated apartment houses over 30 years are steadily on an upward trend. Major construction firms supplying an apartment complex is a norm, particularly in South Korea. For a stable management of such large-scale housing, Housing Act and Multi-Family Housing Management Act are enacted. However, a legal gap exists in which small-scale apartment houses are excluded in the Multi-Family Housing Act. A head of local government can only support cases stated in certain ordinance and Multi-Family Housing Management Act, thereby bearing only a portion of the necessary cost. However, in case of a small scale apartment house, owners are usually tenants and citizens who are in a low or middle income bracket. Clearly, there are limitations to support the management and maintenance of small-scale deteriorated apartment houses and therefore, an improvement in the legal system is utmostly required. A comparative analysis on the legal system of Japan is necessary as Japan underwent a change in its industrial structure and an aging population earlier than South Korea. Compared to South Korea, a small-scale apartment housing is a dominant housing pattern in Japan. Furthermore, Japan separates supply and management of multi-family housing when enacting its legislation. These are implications that South Korea should consider and analyze in a careful introspection. Recently, one sees a slight improvement in the Multi-Family Housing Act in South Korea as supply and management aspects are divided. However, there is still a lack of regulation for small-scale apartment houses in the national and a local government level to close the legal loophole. One suggests to establish an apartment hosuing service for its appropriate management. Moreover, a holistic administration system should be established to integrate small-scale apartment houses into the legal system, which a house manager takes control of housing management. This, of course, presupposes enhancing capabilities of house managers in terms of their professionalism.

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