Research Report
Ⅰ. Background and Purpose
□ The current building legislation is consisted of a collection of articles such as “Building Act”, “Enforcement Decree of the Building Act” and “Enforcement Rule of the Building Act” as well as many other related Ordinances such as “Ordinance on writing and management of building register” and “Building construction standards”, which makes the law system very complex and difficult to understand, and there are cases in which the base of a delegated act of a higher law is not clear or too comprehensive.
□ Ever since the total revision of the 'Building Act' on May 31, 1991, the statutes have become seriously more complicated in the process of frequent law amendment, because there has been a lack of systematic view of the entire 'Building Legislation' and the articles have been put in places deemed convenient whenever there was a demand for amendment.
□ As a result, general rules together with? substantive and supplementary provisions are mixed ??here and there, and compared to the common law-making cases, there are too many general and supplementary rules, which indicates a deformed structure of the legal system. There are also problems causing difficulties in the interpretation of the provisions where there are too many articles and numbers together with unclear sentence structure in the articles and sections.
□ Thus, despite the fact that the building legislation is closely related to the daily life of the people, it is difficult for the general public to understand it.
□ Based on a critical mind for the above problems, this report aims to present future directions of building legislation of Korea for its advancement and optimization, and also to provide a practical basis for the legislation to recognize operational problems, by deriving specific legislative problems in the system of building legislation as well as maintenance measures.
Ⅱ. Main Content
□ In the Chapter 2, the history and legislative framework of ‘Building Act’ is examined.
□ In the Chapter 3, the current situation of ‘Building Act’ is investigated in five areas followed by the presentation of existing problems: ① general regulations for the application of ‘Building Act’, ② points regarding the building procedures such as building permit procedures, ③ points on the building permit requirements (standards for construction) for risk prevention of buildings, ④ points necessary to ensure the effectiveness of building Act, ⑤ other issues.
□ In the Chapter 4, the systems of building legislation in other major countries such as the United States, Japan and Germany are examined.
□ In Chapter 5, some legislative improvement plans of the current building legislation system are suggested.
Ⅲ. Expectations
□ It is expected to contribute to in-depth studies on the Korean building legislation and to effective researches on the judicial and legislative interpretations and applications.
□ This report is expected to contribute to presenting a legislative direction for future advancement and optimization of our legal system of building legislation.