地域住宅組合制度의 改善方案에 관한 硏究 : 안양시 비산동 事例를 中心으로 = A study on the institutional measures to improve for regional housing cooperatives : focused on Anyang City Bisan-Dong

다국어 초록 (Multilingual Abstract)

ABSTRACT
A Study On The Institutional Measures To Improve
For Regional Housing Cooperatives
- Focused on Anyang City Bisan-Dong -
Kim, Jin Hee
Major in Real Estate Policy
Graduate School of Public Policy
Hanyang University
Advised by Prof. Lee, Saang Il
According to the Housing Act, the local housing cooperative,
among other housing cooperatives, is a system introduced to
promote provision of housing for houseless people that meet
certain requisites. However, the registered businessmen’s
expedient management of housing cooperative system, syndicate
members’ unprofessionalism, and enforcement agencies’ business
leadership through formalistic constitution of cooperatives
generate damages to the properties of good-will cooperative
members amid the process of business execution.
The actual situation offersno easyways of rescuing cooperative
members from damages due to the wide houseless populace’s
damage extent and the business entities that include cooperatives
and enforcement agencies arbitrarily controlling over the
business. From the present condition of the local housing
cooperatives, we performed an analysis through the local housing
cooperative of Bisan-dong, Anyang-shi’s case, detected problems
occurring in the local housing cooperative business, and
suggested public intervention as an improvement measure.
The reason behind housing cooperative system’s being utilized
as the subject of speculation and becoming a breeding ground
for corruption derailed from the original purpose is because of
the public laws’possession of a market system free from
complicated legal regulations and relative advantages compared
with general pre-sale systems. Legal and administrative
management and system regarding housing cooperatives have
been neglected based on the nature of the system categorized
under civil development.
It is the priority need that the public intervention be reborn as
an impartial and strict systematic device for houseless populace,
that the business be operated transparently and offer
professionalism necessary for the business through public
initiative, and that there be a public management system that
guarantees severe neutralism. Also, the introduction of a clean
system that infallibly makes sure that the business execution
processes and related principal duties go public. Measures
ensuring that the purchase situation of the housing cooperative’s
lot go public by utilizing administrative computer networks
operated by the national or local government organizations, that
the preparative course of enforcement agencies’ or registered
businessmen’s businesses be verified before the subscription
during the verification procedure of existing and newly recruited
cooperative members, and that the conflicts among members due
to the unavailability of information and the problems of
corruption in the cooperative be prevented by opening to the
public the entire duties of the cooperative regarding business
operation procedures are needed.
A measure that grants rights to sell, without exception, by
legalizing in detail through utilization plans of land development
promotion laws’「Public·Private Joint Land Development Project
s」or amendment of Housing Act and by emphasizing on the role
as the housing’s public property in the case of having secured
over 95/100 of right of use after recognizing the public-property
housing of the housing cooperative construction business as the
category of enterprise for public interest is necessary. Like in
the case of the housing redevelopment business, there is a need
to implement measures that enable acceptation or use of land,
building, or other rights in accordance with the legal regulations
on the public-interest-oriented lands’ acquisition and
compensation with the condition of constructing rental apartments
of appropriate ratio, and it is our intention to suggest measures
that induce housing’s goal achievements in terms of public
interests by guaranteeing publicity within the domain of private
construction.

국문 초록 (Abstract)

주택법상 주택조합 중 지역주택조합은 일정요건을 갖춘 무주택자들이 내 집 마련과 주택공급촉진을 위해 도입된 제도이나, 등록사업자들의 주택조합제도의 편법 운영과, 조합원들의 비전문성과, 시행대행사들의 형식상 조합 구성으로 사업을 주도하면서, 사업추진과정에서 선의의 조합가입자들에게 재산상의피해가 발생한다.
지역주택조합사업이 절차상 비리와 사업지연으로 무주택 서민의 피해범위가 광범위하고, 조합과 시행대행사 등 사업주체가 임의로 사업을 좌지우지하여조합원들의 피해를 구제하는 방법이 쉽지 않은 상황이다. 지역주택조합의 현황에서 안양시 비산동 지역주택조합의 사례를 통해 분석 하였으며, 지역주택조합사업에서 발생하는 문제점들과 개선방안으로 공공의 개입을 제안하였다.
주택조합제도가 본래의 취지에 벗어나 투기의 대상으로 이용되고 비리의 온상이 된 이유는 공법의 까다로운 법 규정으로부터 자유롭고 일반분양제도에 비해 비교적 유리한 시장구조를 가지고 있기 때문이다. 주택조합에 대한 법률적, 행정적인 관리와 제도가 민간개발이라는 제도의 특성상 관심에서 방치되어 왔다.
공공의 개입으로 무주택서민을 위해 공정하고 엄정한 제도적 장치로 거듭나고, 공공의 주도로 투명한 사업진행과 사업에 필요한 전문성을 제공하고 엄격한 중립성이 보장된 공공관리제가 무엇보다 필요하며, 사업추진진행과 관련된주요 업무를 반드시 공개하는 클린시스템의 도입이 필요 하다. 국가나 지방자치단체가 운영하는 행정전산망을 활용한 주택조합의 부지 매입상황을 공개하거나, 기존 조합원과 신규 모집조합원 과정에서 시행대행사나 등록사업자의 사업 준비 과정을 확인하고 가입하도록 하며, 사업시행절차 전반에 거쳐 조합
업무가 공개하여 정보의 부제로 인한 조합원 갈등과 조합비리 문제를 방지하는 방안이 필요하다.
지역주택조합사업에서 택지개발촉진법의「공공·민간 공동택지개발사업」활용방안이나 주택법의 개정을 통한 세부적인 법제화와 주택조합 건설사업의 공공재인 주택을 공급하는 공익적 사업의 범주로 인식하여 100분의 95이상의 사용권원을 확보한 경우 주택의 공공재로서 역할을 강조하여 예외 없이 매도청구권을 부여하는 방안이 필요하다. 주택재개발 사업의 경우처럼 적정비율의 임대아파트 건립을 조건으로 공익사업을위한토지등의취득및보상에관한법률의 규정에 의한 토지·물건 또는 그 밖의 권리를 수용 또는 사용할 수 있게 하는 방안을 적용해야할 필요성이 있고, 민간건설영역에서의 공공성 확보를 통해 주택의 공익적 목적달성을 유도하는 방안을 제시하고자 한다.

목차 (Table of Contents)

• 目 次
• 國文抄錄 ···························································································· ⅷ
• 第1章 序論 ························································································ 1
• 第1節 硏究의 目的 ··························································································· 1
• 第2節 硏究의 範圍 및 方法 ········································································ 2
• Ⅰ. 연구의 범위 ································································································· 2
• Ⅱ. 연구의 방법 ································································································· 3
• 第2章 住宅組合에 관한 一般理論 ····························· 5
• 第1節 住宅組合制度의 槪念 및 沿革 ············································ 5
• Ⅰ. 주택조합제도의 개념 ················································································· 5
• Ⅱ. 주택조합제도의 연혁 ································································ 6
• 第2節 住宅組合의 種類 ··································································· 13
• Ⅰ. 지역주택조합 ·············································································· 15
• Ⅱ. 직장주택조합 ·············································································· 19
• Ⅲ. 리모델링주택조합 ······································································· 21
• 第3節 住宅組合의 事業施行節次 ··················································· 24
• Ⅰ. 조합설립단계 ·············································································· 25
• Ⅱ. 조합운영단계 ·············································································· 29
• Ⅲ. 사업계획승인 및 주택건설단계 ··················································· 37
• Ⅳ. 조합해산단계 ·············································································· 40
• 第3章 地域住宅組合의 現況 및 分析 ····················· 41
• 第1節 地域住宅組合의 現況 ·························································· 41
• Ⅰ. 주택조합의 추진동향 ··············································································· 41
• Ⅱ. 주택조합사업의 실적 ··············································································· 42
• 第2節 안양시 비산동 地域住宅組合의 事例 ······························ 45
• Ⅰ. 이중분양 ···················································································· 45
• Ⅱ. 시공사의 배임 ············································································ 46
• Ⅲ. 시행대행사의 횡포 ····································································· 47
• Ⅳ. 조합내부의 관리부재 ·································································· 48
• 第3節 안양시 비산동 地域住宅組合의 分析 ····························· 48
• Ⅰ. 시행대행사의 부당이득 ······························································ 49
• Ⅱ. 임의분양의 용인 ········································································· 49
• Ⅲ. 관련사업주체의 공모 ·································································· 51
• Ⅳ. 관할관청의 무관심 ······································································ 52
• 第4章 地域住宅組合制度의 問題點 및 改善方案 ·········· 54
• 第1節 地域住宅組合制度의 問題點 ······················································ 54
• Ⅰ. 수분양자의 피해 ······················································································· 54
• Ⅱ. 금융이자의 추가부담 ···············································································57
• Ⅲ. 불투명한 사업진행 ····································································· 61
• Ⅳ. 수분양자의 불안가중 ··············································································· 63
• 第2節 地域住宅組合制度의 改善方案 ········································· 66
• Ⅰ. 조합집행부의 전문성강화 ······································································· 66
• Ⅱ. 공공기관의 자금관리 ·································································· 67
• Ⅲ. 외부감사제도의 강화 ··············································································· 71
• Ⅳ. 클린시스템의 도입 ···················································································· 75
• 第5章 結論 ····································································· 78
• 參考文獻 ·········································································· 81
• ABSTRACT ································································· 86