입주자대표회의의 법적 지위에 관한 소고

A study on the legal status of a representative association for residents

With the rapid spread of mass housing, such apartment, in the housing culture, many disputes over the management of mass housing have been occurred in our society. The first emerging issue regarding the management of mass housing was the residents’ opposition to unilateral operation of mass housing by developers or managements selected by such developers with the residents’ intention excluded. Corruption and irregularity frequently occur since most of apartment complexes conclude all matters through their own audit process due to the residents’ indifference to the management of mass housing, moral hazard of a representative association for residents, and management system assigned to resident autonomy, while it is common that members of a representative association for residents have been unappreciated due to the spread of a trend of mutual distrust despite their diligent and hard works. These problems have been mainly caused by excessive emphasis on decision-making focused on a representative association for residents based on a representative system underlining the effective management of mass housing. However, unlike in the past, it is not impossible for residents to directly participate in the management of mass housing with the development of IT technologies. However, in order to ensure that residents can communicate their intention regarding the management of mass housing, they need to exactly know information about the management of mass housing. In addition, a government as well as a representative association for residents needs to make a public notice from time to time for informing all information about the management of mass housing. For this, central governments as well as local governments need to newly establish an organization exclusively responsible for the management of mass housing. Above all, the management of mass housing must be improved in the direction of respecting individual resident’s intention. In order to achieve it, a representative association for residents should not be operated for its own benefit, but should be operated in the direction of respecting the collective opinions of residents and realizing them. While the role of government has put an emphasis on housing and construction, it is time for the government to put an emphasis on management rather than construction. Because the management of housing is a public service for promoting national people’s residence benefit, it should not be concluded as a clumsy logic of efficiency or moderate temporary expedient, but requires a forward-looking and innovative change of awareness.