정비사업 조합 임원 결격사유의 법제 개선에 관한 연구 – 도시정비법과 소규모주택정비법의 교차 준용 문제를 중심으로

정비사업 조합 임원의 결격사유와 관련 법률의 준용 문제를 분석한다.

This study aims to analyze the structural issues of the current legal framework governing the qualifications and disqualifications of executive officers in urban redevelopment associations, focusing on the interpretative conflicts arising from the cross-application of the Urban and Residential Environment Improvement Act (UREIA) and the Special Act on the Maintenance of Vacant Houses and Small-Scale Housing (SMA). First, the legislative history and system of both statutes are examined to clarify their relationship as a general law and a special law. The qualifications and disqualification criteria for association executives are then comparatively analyzed.

Subsequently, with particular attention to the 2023 interpretation issued by the Ministry of Government Legislation (Case No. 23-0473), this study explores the ambiguity of the statutory expression “this Act,” and demonstrates that the current framework allows offenders of redevelopment-related laws to evade restrictions by exploiting statutory distinctions.

To address these problems, the study proposes: (1) an amendment to Article 43 of the UREIA to explicitly extend disqualification to violations of both statutes, (2) the establishment of an integrated legal framework providing uniform standards applicable to all types of redevelopment projects, and (3) practical supplementation through revisions to the model articles of association and ordinance. These improvements are expected to enhance the public accountability and integrity of redevelopment projects, secure fairness and clarity in the application of legal standards, and ultimately promote transparency in association governance and strengthen resident trust.