Views 83 | Created 2024.12.18 | Modified 2024.12.18 | Public Relations Team

·         Graduate School of Construction Legal Affairs Successfully Concludes the ‘22nd Construction Appraisal and Dispute Forum’

The Forum Organizing Committee of the Graduate School of Construction Legal Affairs (Director Lee Chun-won) at Kwangwoon University hosted the “22nd Construction Appraisal and Dispute Forum 2024” on Friday, December 6, 2024, at the first floor of the Korea Machinery Construction Building in Gangnam, Seoul.

This forum explored the remodeling system as a new approach to urban regeneration and improving residential environments in response to the increasing number of aging public housing units in the first-generation New Towns. It also provided an opportunity to gather diverse perspectives on resolving disputes anticipated to arise from the ongoing transition of public rental housing, introduced in 2009 with a mandatory 10-year lease period, to private ownership beginning in 2019.

The first topic, "The Present and Future of Remodeling as a Redevelopment Project," featured presentations by Kim Jin-Young, Professor of the Department of Architecture at Ajou University, and Shin Dong-Woo, President of the Korea Institute of Remodeling Convergence. First, Professor Kim Jin-Young explained the regulatory changes regarding piloti structures and pointed out that "strengthening regulations by including piloti structures in vertical extensions has become a significant obstacle to the revitalization of the remodeling system." He emphasized that "this represents excessive regulation considering the structural safety of remodeling construction technology." Next, Shin Dong-Woo, President of the association, delved into the issues and potential improvements of the remodeling system. He stated, “Requiring dual safety assessments is an excessive regulation, and the safety of remodeling should be evaluated based on engineering grounds,” emphasizing the need for regulatory easing.

One forum participant shared their thoughts, saying, "It was a great opportunity to learn about various international cases of vertical extensions through remodeling," adding, "This event confirmed that our architectural technology has advanced significantly to the point where it can safely accommodate vertical extensions."

The second topic, "Issues Regarding the Starting Point of the Defect Liability Period for Exclusive Areas in Public Rental Housing Converted to Sale," was presented by Attorney Kim Beom-Jun from Law Firm Deuksu. Attorney Kim Beom-Jun introduced the concept and current status of public rental housing converted to sale. He pointed out that differing interpretations have arisen due to conflicts between the Ownership and Management of Condominium Buildings Act and the Multi-Family Housing Management Act regarding defect liability in such housing, and emphasized that, as a solution, “the Ownership and Management of Condominium Buildings Act needs to be amended to standardize the starting point of defect liability by specifying that it begins on the date the property is handed over to the tenant in cases of conversion to sale.”

The panel discussion that followed the presentation featured contributions from Jung Deok-Ho, CEO of Choi Sun Engineering Architects & Engineers Co., Ltd.; Noh Kyung-Ho, CEO of Ho Young Architects & Engineers Co., Ltd.; and Yoon Jeong-Ho, Director of Booyoung Housing Co., Ltd. Jung Deok-Ho, CEO, expressed the opinion that "in cases where someone other than the original tenant acquires ownership in public rental housing converted to sale, it is necessary to recognize the defect liability claim rights for the new unit owner." Noh Kyung-Ho, CEO, suggested that "to ensure fairness in each case of conversion to sale, it would be reasonable to distinguish the starting point of defect liability: for cases where the tenant acquires ownership, it should begin from the date the property is handed over to the tenant, while for other cases, it should start from the date of conversion to sale." Lastly, Yoon Jeong-Ho, Director, highlighted that "such issues can arise not only in public rental housing but also in private rental housing converted to sale." He emphasized the need for legal reform in the private sector, suggesting that "explicit provisions regarding 'conversion to sale' should be established, along with a clear definition of the starting point for defect liability."

Heo Chang-Beom, Director of Daekwang Construction and Chair of the Forum's Organizing Committee, explained that the forum aimed to explore "The Present and Future of Apartment Remodeling Projects" amidst the ongoing redevelopment efforts driven by floor area ratio restrictions and low-carbon policies, and said, “the forum sought to address and propose solutions to issues that may arise in the case of apartments converted to sale long after receiving occupancy approval.”

Meanwhile, Kwangwoon University's Graduate School of Construction Legal Affairs (Dean Lee Chun-won), the only graduate school in the field of construction and law among Korean universities, holds the “Construction Appraisal and Dispute Forum” every year in the fourth semester, organized by students, to develop policy alternatives in the field of construction and law.