정비사업의 시공자 선정과 형사처벌

Abstract

The Urban and Living Environment Improvement Act (hereinafter called

Urban Improvement Act), which was originally enacted in the course of

consolidating reconstruction and redevelopment to prevent domestic real estate

market from any overheat induced by reconstruction, stipulates builder as

constructor and also provides that the constructor should be selected after project

authorization. By way of follow-up revisions, the Urban Improvement Act has

added criminal penalty provision related to the selection of constructor (on Mar.

18, 2005), and Framework Act on Construction Industry has also established

reference provisions on criminal penalties and business suspension (Article 38-2,

95-2 and 83: on May 26, 2005). These provisions are also applicable partially to

redevelopment and urban environmental Improvement project, but are originally

established for the main purpose of reconstruction.

However, restrictive provisions related to selection of constructor often fail to

come in harmony with provisions related to joint developer of redevelopment,

and even excessively overlook the real mechanisms of market. That is why there

are many evasions or even violations of the restrictive provisions on the

selection of constructor. Although various disadvantageous sanctions or criminal

penalties should be applied to those cases, it is necessary to give a clear-cut

explanation on possible applications of law and relationships between Urban

Improvement Act and Framework Act on Construction Industry.

In Urban Improvement Act, restrictive provision on selection of constructor is

originally prepared as a part of banning constructor from development. But in...