도시정비사업에서 시공자와 조합간의 분쟁 해소방안 연구 = A study on resolve of dispute between constructor and association in urban improvement project

국문 초록 (Abstract)

도시정비사업은 도시기능의 회복이 필요하거나 주거환경이 불량한 지역을 계획적으로 정비하고, 노후·불량한 건축물을 효율적으로 개량하기 위하여 도시환경을 개선하고 주거생활의 질을 높이는 사업이다.
도시정비사업을 진행하는 절차는 정비예정구역에 조합설립인가를 받아 시공자를 선정하여 사업시행계획인가를 받아 관리처분인가를 받는다. 이후에 이주 및 철거와 일반분양을 거쳐 새로운 건축물을 건축한다. 준공이후 입주를 하여 이전고시와 청산의 절차를 거쳐 사업이 종료된다.
도시정비사업 추진과정에서 시공자와 조합 간의 이해관계로 인하여 이견이 있으 수는 있다. 이러한 과정에서 합의로 마무리되지 않고, 시공자를 해지하거나 소송으로 이어지는 등의 분쟁으로 이어지게 되면, 사업의 지연과 그로 인한 경제적 비용이 증가하게 된다.
이는 결국 조합원의 부담으로 돌아가게 된다. 본 연구에서는 시공자와 조합간의 분쟁과 해소방안에 관한 연구를 진행함으로써 현재의 제도적인 한계를 보완하고자 한다.
문헌연구와 분쟁사례 및 판례분석을 진행하였다. 분쟁요인을 도출하고, 해소방안을 제시하기 위하여 도시정비사업 관련업에 종사하는 31명의 전문가 그룹을 구성하였다. 분쟁요인에 관해서는 FGI와 AHP를 실시하였고, 그에 대한 해소방안을 찾기 위하여 FGI와 FGD를 진행하였다.
시공자와 조합간의 분쟁이 발생하게 되면, 사업이 지연될 가능성이 높은지 여부에 대하여 응답자 전원이 그렇다 또는 매우 그렇다로 답하였다. 시공자와 조합간의 분쟁이 빈번하게 일어나는 것으로 분석되었다. 조합과 시공자간의 분쟁은 빈번하게 발생하는데, 해결이 원활하게 되지 않는 상황이라고 볼 수 있다.
해소방안은 다음과 같다. 첫째, 합의해결 촉진 의무기간 도입이다. 분쟁이 해결되지 않는 이유는 당사자들의 극심한 대립이 원인이다. 당사자간의 합의해결을 위한 의무기간을 도입하자는 의견이 가장 많이 나왔다. 합의해결 촉진기간을 적용하여 시공자와 조합간의 분쟁이 진행되기 전에 합의를 도출하여 사업추진에 차질이 없도록 제도적 개선을 해야 한다.
둘째, 사업비지원제도 신설 및 지자체 사업비 지원 강화이다. 시공자가 대여금 대여를 중단하게 되면 분쟁이 발생할 가능성이 크다고 볼 수 있다. 이는 조합설립인가 이후 시공자를 선정하여 시공자 대여금으로 조합 운영비 및 사업비를 지출하여 사업을 진행한다. 대여금 중단이 불합리한 경우에 지자체에서 자금지원 시스템을 강화하거나, 도급계약서 상의 의무 위반으로 계약해지 등의 절차가 원활히 진행될 수 있도록 명시하여야 한다. 그리고 주택도시보증공사에서 도시정비사업조합에 사업비를 지원할 방안을 검토할 필요성이 있다.
셋째, 공사비 세부적인 근거제시 및 공사도급 가계약 체결의 현실화이다. 공사비 인상으로 인한 분쟁요인이 가장 높은 것으로 나타났고, 가장 문제가 되는 것으로 분석되었다. 공사비 인상으로 도시정비사업에서 시공자와 조합간의 분쟁이 가장 많이 발생하는 시기는 관리처분계획 인가 단계로 도시정비사업에서 시공자를 선정하여 공사도급 가계약을 체결하고, 사업시행인가 이후 관리처분계획을 수립하는 단계에서 공사도급 본계약을 진행하게 된다. 공사비를 협상하는 과정에서 공사비 인상으로 인하여 이견이 좁혀지지 않아서 분쟁으로 이어진 경우가 많은 것으로 보인다. 공사비의 세부적인 근거를 제시하고, 공사도급 가계약 체결을 현실에 맞게 개선하여야 한다.
넷째, 사업절차 및 인·허가절차의 간소화이다. 사업진행의 불확실성으로 인한 분쟁이 가장 많이 발생한다. 그 중에 주택경기 하락으로 인한 시공자와 조합간의 분쟁이 많이 발생하는 것으로 보인다. 사업비 관련이나 조합의 비전문성과 관련된 시공자와 조합의 분쟁은 비교적 조율이 가능하다.
그러나, 주택경기하락과 인·허가지연 등의 예측이 불가하고, 인위적으로 조절이 불가능한 원인에 의하여 분쟁이 발생하게 되면 해결이 어려운 것으로 분석되었다. 사업 절차 및 인·허가 절차를 간소화하여 사업기간을 단축하는 것이 필요하고 인·허가절차가 지연되지 않토록 제도적 장치를 마련할 필요가 있다.
마지막으로, 전문조합관리인 임원제도의 정착화이다. 조합의 지식과 경험부족으로 정비사업전문관리업자를 선정하여 사업에 대한 자문을 받아서 사업을 추진해 나간다. 우량 정비사업전문관리업자를 선정하는 것이 좋지만 전문성이 떨어지거나, 열악한 정비사업전문관리업자를 선정하여 사업을 추진하게 되면 올바른 사업을 추진하기 힘든 경우가 많다.
전문조합관리인 임원제도의 정착화로 불필요한 조합의 분쟁을 해결하고, 조합 임원을 대상으로 정기적인 교육을 진행하여야 한다. 조합 임원의 등록요건 강화와 정비사업전문관리업자의 요건 강화 및 역량 강화로 전문성을 향상하는 것이 필요하다.

다국어 초록 (Multilingual Abstract)

The urban maintenance project is planned to improve the areas where the
urban function needs to be restored or the residential environment is poor
and also improve the urban environment and improve the quality of
residential life by efficiently improve old and poor buildings.
It is also a project to improve the quality of life by supplying high quality
housing to slummed cities by implementing redevelopment projects and
construction projects.
To carry out the urban maintenance project, after obtaining approval for
establishing a union in the planned maintenance area, the contractor was
selected and approved for the project implementation plan and obtaining
approval for management disposal, and then the apartment was constructed
after migration, demolition, and general sale and after completion, the project
will be completed after moving in and the transfer notice and liquidation.
In the urban renewal project, the construction company is selected after the
establishment of the union, but the differences between the construction
company and the union may appear due to their interests in the process of
promoting the project. If it leads to disputes such as termination of contractor
or litigation without agreement, project shall be delayed and economic costs
would be increased.
This will eventually return to the burden of the union members. This study
aims to suggest the supplementation of the current institutional limitations by
conducting a research on disputes and improvements between constructors
and unions.
Dispute cases and case analysis were conducted. To derive the dispute
factors and to suggest improvement plans, the dispute factors and
improvement measures were divided into two categories, and AHP and FGI
were conducted for dispute factors, and FGI and FGD were conducted to
find improvement measures by a group of 31 experts engaged in urban
renewal projects.
When asked whether a dispute between the contractor and the union
would likely result in a delay in the project, all experts responded ‘yes’ or
‘absolutely yes’.
Disputes between the union and the contractor frequently occur, but the
settlement is not smooth. The solution is as follows.
First, the introduction of a mandatory period for promoting settlement of
agreements. The reason why the dispute was not resolved is analyzed as the
cause of the extreme confrontation between the parties, and the majority of
the respondents suggested introducing mandatory period to resolve the
agreement between the parties.
where a dispute arises in the process of project. it is believed that
institutional improvements should be made so that there is no disruption in
the implementation of the project by deriving an agreement before the
dispute between the contractor and the union proceeds, applying mandatory
period for promoting settlement of agreement
Second, it is to establish a project cost support system and strengthen
support for local government projects. If the contractor stops lending money,
it is likely that a dispute will occur.
This is because the contractor is selected after the establishment of the
union and the project is carried out by spending the operation cost and the
business expenses as the contractor loan, If the contractor stops lending
money in a situation where there is no consultation due to conflict of opinion
between the contractor and the union, the union will be in a situation where
it is difficult to carry out the project.
It was found that the most common opinion was to get the project cost
from the Housing City Guarantee Corporation, and If the loan suspension is
unreasonable, It is thought that it is necessary to strengthen the funding
system by the local government or to specify that the procedures such as
termination of contract can proceed smoothly due to violation of obligation in
contract.
Third, it is a realization of the detailed basis of construction cost and
the conclusion of a construction contract.
The most common cause of disputes was the increase in construction costs,
which was also the most problematic.
The most frequent disputes between the contractor and the union in the
urban renewal project due to the increase in construction costs are the
approval stage of the management disposal plan, and the construction
contract will be concluded by selecting the contractor in the urban renewal
project, and the construction contract will be carried out at the stage of
establishing the management disposition plan after the project execution
approval.
In the process of negotiating the construction cost, it seems that the
disagreement has not narrowed due to the increase in the construction cost,
which led to disputes.
It is thought that there is a need to present detailed data for construction
cost and to improve the conclusion of construction contract to meet the
current situation.
Fourth, it is to simplify the business procedure and approval and
permission procedure. The most frequent disputes were caused by uncertainty
in the progress of the project, and there also seems to be a lot of disputes
between contractors and unions due to the housing market decline.
This can be coordinated even if disputes arise between the contractor and
the union due to business expenses or non-professionality of the union.
It was analyzed that it is difficult to solve the problem if the housing
market decline, the delay of permits and approvals are impossible to predict,
and a dispute occurs due to artificially uncontrollable causes.
It is necessary to shorten the project period by simplifying the business
procedure and the approval and permission procedure, and institutional
devices are needed so that the approval and permission procedures are not
delayed. The relevant agencies need to actively cooperate.
Finally, the establishment of the executive system of professional union
managers.
Due to lack of knowledge and experience of the union, a maintenance
business management company shall be selected and consulted on the project
to promote the project.
It's a good idea to select a good maintenance business management
company, however, If the project is carried out by selecting a professional
maintenance management company which lacks expertise, or a poor one, it is
often difficult to promote the right business.
It is necessary to resolve the disputes of unnecessary unions by establishing
the executive system of professional union managers and have regular
training for union executives. improve the expertise by strengthening the
registration requirements of union executives, the requirements of maintenance
business managers, and their capabilities.

목차 (Table of Contents)

• 제1장 서론 ································································································· 1
• 제1절 연구의 배경 및 목적 ···················································································· 1
• 1. 연구의 배경 ····································································································· 1
• 2. 연구의 목적 ····································································································· 2
• 제2절 연구의 범위와 방법 및 구성 ······································································· 4
• 1. 연구의 범위 ····································································································· 4
• 2. 연구의 방법 ····································································································· 5
• 3. 연구의 구성 ····································································································· 6
• 제2장 도시정비사업과 분쟁 등에 대한 이론적 고찰 ······························ 8
• 제1절 도시정비사업의 개념 및 절차 ····································································· 8
• 1. 도시정비사업의 개념 ······················································································ 8
• 2. 재개발·재건축사업의 개념 ·············································································· 9
• 3. 재개발·재건축사업의 절차 ············································································ 13
• 제2절 도시정비사업의 절차상 시공자 선정 ························································· 18
• 1. 시공자 선정의 의의 ······················································································ 18
• 2. 시공자 선정시기 및 방법 ············································································· 19
• 3. 시공자 선정절차 ···························································································· 20
• 제3절 분쟁과 갈등의 이론 및 유형 ····································································· 21
• 1. 분쟁의 개념 및 해결유형 ············································································· 21
• 2. 갈등의 개념 및 유형 ···················································································· 23
• 제4절 선행연구 고찰 ····························································································· 25
• 1. 도시정비사업에 개선방안에 관한 연구 ······················································· 26
• 2. 재개발‧재건축사업의 사업지연 및 갈등에 관한 연구 ································ 28
• 3. 선행연구와의 차별성 ···················································································· 32
• 제3장 시공자와 조합간의 분쟁사례 및 판례분석 ·································· 34
• 제1절 시공자와 조합간의 분쟁유형 및 사례 ······················································· 34
• 1. 분쟁유형 ········································································································ 34
• 2. 분쟁사례 ········································································································ 37
• 제2절 시공자와 조합간의 분쟁에 따른 판례분석 ················································ 41
• 1. 사업비 관련 ··································································································· 41
• 2. 사업진행의 불확실성 ···················································································· 44
• 3. 조합의 비전문성 ···························································································· 45
• 제3절 분쟁사례 및 판례분석에 의한 시사점 ······················································· 48
• 1. 사업비 관련 ································································································· 48
• 2. 사업진행의 불확실성 ···················································································· 50
• 3. 조합의 비전문성 ···························································································· 50
• 제4장 시공자와 조합 분쟁에 관한 실증분석 ········································· 52
• 제1절 실증분석의 개요 ························································································· 52
• 1. 실증분석의 목적 ···························································································· 52
• 2. 실증분석의 내용 ···························································································· 52
• 3. 분석방법 ········································································································ 60
• 제2절 분쟁요인 도출 전문가 실증분석 ································································ 61
• 1. 전문가 그룹 인터뷰 ······················································································ 61
• 2. 전문가 그룹 계층적 분석 의사결정 ····························································· 66
• 3. 분석결과 ········································································································ 74
• 제3절 분쟁 해소에 관한 전문가 인식 실증분석 ················································· 76
• 1. 전문가 그룹 인터뷰 ······················································································ 76
• 2. 전문가 그룹 토론 ·························································································· 81
• 3. 분석결과 ········································································································ 86
• 제4절 분석결과에 따른 분쟁 해소방안 ································································ 88
• 1. 합의해결 촉진 의무기간 도입 ·········································································· 88
• 2. 사업비지원제도 신설 및 지자체 사업비 지원 강화 ······································· 89
• 3. 공사비 세부적인 근거제시 및 공사도급 가계약 체결의 현실화 ···················· 89
• 4. 사업절차 및 인·허가절차의 간소화 ································································· 90
• 5. 전문조합관리인 임원제도의 정착화 ································································· 91
• 제5장 결론 ······························································································· 93
• 제1절 연구의 요약 ································································································ 93
• 제2절 향후 연구과제 ····························································································· 95
• 참고문헌 ················································································································· 96
• 부 록 ················································································································· 99
• Abstract ··············································································································· 109

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