재건축에 관한 의사결정

Decisionmaking on Reconstruction: An Analysis of the Court Decisions

In order to proceed with massive reconstruction project, the collective decision by relevant real estate owners should be made. Considering that the reconstruction leads to the taking of private property, the above collective decision should be fair enough to justify the taking. This article analyses principles and doctrines that have been evolved through court decisions, focusing on justification factors of the collective decision making. The first factor to be noted is the disclosure of relevant information to the owners regarding details of the reconstruction project. Korean court has strived to come up with more predictable standards to measure the adequacy of the resolution in terms of information disclosure. The second factor to be considered is the flexibility of the decision making process. Since the reconstruction project, which generally lasts at least several years, is subject to fluctuations and versatility, the decision making should be flexible to a certain extent. There have been various attempts by Korean courts to embrace this request. thus differentiating reconstruction resolution from other traditional forms of collective decision. Based on these efforts, Korea has developed significant body of rules with regard to reconstruction project. Though private law academia has been somewhat reluctant to look at this issue so far, more intensive and thorough approach from the private law perspective will deepen the clarity of the rules. This article is the part of that endeavor.