A Study on the Management System of Residential and Commercial Buildings
Authors:   Korean Public Land Law Association, Lim Suk-Nye 
Published: June 2023

A residential and commercial complex, which is a collective building, is a building built in a commercial or semi-residential area, and means a building in which houses and shopping malls are combined in the same building. As the number of residential and commercial complex apartments with complex uses increased, there was a problem of conflicting management methods for the housing and commercial areas. Apartment houses are classified according to the purpose of the ｢Building Act｣, and collective buildings are concepts based on whether buildings are classified or owned. Apartment houses such as apartments are subject to classified ownership, so they are collective buildings. On the other hand, collective buildings are a wider concept than apartment houses because they include not only apartment houses but also business facilities and neighborhood living facilities. In most residential and commercial apartments, shopping malls and apartments are created in a mixture, so uniform building management is required to reasonably adjust conflicts of interests of many people, including management costs. In order to solve the problem of multi-purpose residential and commercial apartments due to the dual management system, integrated management is needed along with a plan to unify the dual laws of the Apartment Housing Management Act and the Collective Building Act. Management regulations, such as standard management rules, should be prepared for rational management of cases where joint management is required. Therefore, it is necessary to allow an integrated management team consisting of housing owners, shopping mall owners, and users to manage residential and commercial buildings in accordance with the Collective Building Act, rather than a Therefore, it is necessary to allow an integrated management team consisting of housing owners, shopping mall owners, and users to manage residential and commercial buildings in accordance with the Collective Building Act, rather than a dual management system under the Apartment Management Act. In addition, administrative support for the establishment of the management group of residential and commercial buildings and some public part management groups should be expanded. Depending on the region, the management groups and autonomous committees of the residential and commercial areas consult with each other to provide regulations on joint management in the management rules. dual management system under the Apartment Management Act. However, there are no specific regulations on administrative expenditure, administrative expenditure, and administrative imposition rate, so the legality of integrated management may be controversial due to distrust or dissatisfaction with integrated management. Local governments have departments or agencies responsible for supporting collective building management. However, most areas except for the Seoul metropolitan area, such as Seoul and Gyeonggi-do, are mainly passive in complaints and mediation of disputes related to buildings. Most of the problems with some public parts management organizations are cases of arguing over the legality of the establishment of some public parts management organizations. The management team and some common part management teams are organized after approval for use of the building or at the beginning of occupancy. Therefore, it is necessary to prepare management regulations such as standard management rules that are the basis of integrated management or joint management. The management of the common part of the collective building is so important that it takes up most of the management team's work. If the distinction is not clear, it is subject to disputes and legal disputes, so the scope and standards of the common parts used by owners of residential and commercial areas must be established. Regulations shall be established to appoint and appoint managers with expertise, such as housing managers and building managers,