A 'disaster time bomb' called an illegal building... Strict recognition of the 'value of safety'

All buildings must be equipped with firefighting facilities optimized for use and area in accordance with the 'Building Act' and the 'Act on Installation and Management of Firefighting Facilities (Fire Act)'. However, the moment the owner arbitrarily extends the veranda or erects an illegal partition in front of the emergency exit, the carefully designed fire protection system becomes neutralized. Areas expanded through illegal renovation become blind spots for sprinklers, and flammable interior materials used indiscriminately emit toxic gases in the event of a fire, seriously threatening the 'safety golden time'.

The recent fire at the Daejeon parts factory that took the lives of about 10 people is also believed to have started at an illegally repurposed space, and warnings are being issued about its danger. ‘Formally illegal’ buildings built without a permit or ‘substantially illegal’ buildings that do not meet the requirements cleverly avoid the examination of essential restrictions such as firefighting facilities and parking facilities. In response to this, the Supreme Court ruled that even if the aesthetics were simply improved, if illegal buildings were left unattended, there was a risk of neutralizing the power of architectural administration, and it made clear that crackdown on illegal buildings was a legitimate execution to protect the important value of 'firefighting public interest' (see Supreme Court decision 87nu714, etc.).

In fact, lack of fire protection facilities in illegal buildings leads to harsh legal liability. In a case where casualties occurred due to a fire in a building whose use was changed without permission, the court recognized the owner's liability for professional negligence causing death (Jeonju District Court 2015 Godan 902 decision), and in civil terms, strict compensation liability is imposed for damages caused by the non-operation of essential disaster prevention facilities such as sprinklers. In particular, the building owner is responsible for conducting regular self-inspections on firefighting facilities, etc. in accordance with Article 22 of the Fire Service Act, and if he or she neglects this, he or she may be subject to both civil and criminal liability. Since fire inspection is not a simple administrative procedure but a key safety device that prevents potential disasters, it is most important to receive assistance from a professional lawyer familiar with the field of construction administration regarding the interpretation of relevant laws and the scope of obligation performance.

Ultimately, the issue of illegal buildings goes beyond the realm of administration and is directly related to a serious safety issue that threatens the people's right to life. The reality that it is difficult to completely block secret illegal modifications despite regular investigations causes the vicious cycle of only realizing after an accident that it was a 'human accident' to be repeated. Everyone in our society must seriously recognize that the 'value of safety' secured through compliance with regulations is incomparably greater than the temporary economic gain gained by evading the law.
 

Reporter Lee Dong-oh (canon35@mt.co.kr)

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Illegal construction is a 'disaster time bomb'... Strict recognition of the 'value of safety' (go to)