S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) 법학 법학 Volume 47, Number 1/4 (2006)
한국 건설법제 혁신을 위한 법정책 연구 -건설산업관계법을 중심으로-
Legal Policy Considerations for Reforming Korean Construction Law - focusing on Laws and regulations governing construction industry in Korea -
- Issue Date
- 서울대학교 법학연구소
- 법학, Vol.47 No.3, pp. 385-426
- 건설법; 건설산업; 법개혁; 규제개혁; Construction Law; Construction Industry; Regulatory Reform; Law Reform
- Law is often blamed to be one of the main causes for the depression of construction industry in Korea. Construction law, that is, laws and regulations governing construction and construction industry, hasn't been studied seriously and academically in depth thus far. This paper tries to review the current status of construction law in Korea and suggests some policy alternatives for reform. It analyzes general problems of Korea construction law, such as systemic and structural inconsistencies, fragmentation and imbalance of legal regime and then proceeds to find out ways to innovate the existing construction laws. In order to achieve an advanced system of law, laws and regulations governing construction have to be reviewed as a whole and evaluated in terms of real outcomes and impacts upon industry and business. More thorough, zero-base initiatives for regulatory reform, which enhance economic competitiveness of construction industry as well as minimize environment and security risks of construction activities, are especially needed in this sector. The paper concludes by emphasizing need for a standing institutional arrangement for review and innovation like construction law review commission composed of public officials, legal experts and representatives from construction industry sector.