공동주택의 하자보수 책임제도 개선방안

Improvement Directions for Defects Liability System of Multi-family Housing in Korea

Defects liability system is used as home warranty protection in Korea. The law of housing construction and the 'multi-family housing management regulation' imposes every vendor of multi-family house to correct defects within certain period after the date of inspection for use. Also, every vendor is required to deposit guarantee security in cash or surety bond to correct defects. Nowadays, there are 44 lawsuits against the KCFC(Korea Construction Financial Cooperative) for defects of multi-family housing among 57 lawsuits for defects of all kinds of construction. The KCFC is a construction surety organization in Korea. This study examines the reason why the number of lawsuits for defects of multi-family house is larger than for any other construction works as well as other problems with the defects liability system for multi-family house. The problems with the defects liability system for multi-family house are as follows. First, the regulation does not specifically prescribe the scope of liability for defects. Every vendor of a multi-family house is liable for any defects caused by construction error that adversely affects function, aesthetic aspect or safety of the house in general. Second, the vendor is liable for the defects for major load-bearing parts if the house is destructed or safety inspector determines it would be destructed. Third, the regulation does not prescribe the liability of designer for design error and of technical auditor for checking error. Also, there is no provision who should provide proof whether the damage caused by the defects is payable. Fourth, the problem with the current system is such that the vendor, not insurance company, is liable for the major defects of load-bearing parts even if it arise after three years passed. A great number of participants as well as drawn and written documents are part of the process. Such documents rarely progress unaltered through the several phases of the house project. Therefore, it may be almost impossible to provide proofs or call witness when the long time passed after the date of completion. The solution to the problem mentioned above are as follows. The scope of defects liability should be specifically prescribed for each part as in Home Warranty Program in Japan. The provision who should provide proof whether the damage caused by the defects is payable should be provided. The insurance arrangement should be made. The no fault insurance for damage for major structural defects should be introduced. Also, the defects liability of the designer and technical auditor should imposed and the insurance for such defects liability is required. In addition, defects liability bond, which is currently optional, should be required.