빈집, 유통(流通) 대상으로의 전환 - 일본 빈집대책추진 프로그램을 참고한 정책 제언 -

Transitioning Vacant Housing into Assets in Circulation – Policy Proposals Based on Japan’s Program for Promoting Vacant House Measures –

초록

The causes of vacant housing are diverse and deeply intertwined; as they act in combination over time, the volume of vacant properties continues to rise, and finding viable solutions becomes increasingly complex. This phenomenon is by no means unique to South Korea, Traditionally, vacant houses have been predominantly viewed as unmanaged properties destined for demolition. Recently, however, Japan has shifted its policy paradigm by treating vacant housing as assets for market circulation and has established robust institutional frameworks to support this approach. This study examines the key characteristics of Japan's Act on Special Measures Concerning the Promotion of Vacant House Countermeasures (hereafter “Japan's Vacant House Act”) and reviews the Program for Promoting Vacant House Measures through the Real Estate Industry (hereafter “Japan's Vacant House Promotion Program”). Japan's Vacant House Act has several notable legislative features. First, it broadly defines the scope of vacant housing to encompass not only residential buildings but also structures and their corresponding sites. Second, it clearly delineates the statutory duties and responsibilities of the state, local governments, and property owners, while fostering organic cooperation among them. Third, it empowers municipal mayors to issue guidance or recommendations to owners of “Inadequately Managed Vacant Houses” to prevent them from deteriorating into designated “Specific Vacant Houses”. Fourth, municipal mayors are authorized to take progressive administrative measures against “Specific Vacant Houses”, including advice, guidance, recommendations, binding orders, and administrative vicarious execution. Finally, the Act provides special exceptions under the Civil Code to ensure the proper management of vacant properties. To stimulate the active circulation of vacant housing, Japan's Vacant House Promotion Program designates “Real Estate Transaction Operators” (licensed real estate brokers) as key intermediaries responsible for facilitating transactions. To incentivize their participation, the program introduces special exceptions to brokerage fee regulations when these operators broker the sale or exchange of low-cost vacant houses, or the lease of long-term vacant properties. Furthermore, distinct from standard brokerage services, the program promotes specialized consulting services related to vacant housing, clarifying that operators may charge consulting fees in addition to standard brokerage commissions. Japan's Vacant House Promotion Program is deemed highly effective and carries significant policy implications for resolving South Korea's own vacant housing challenges. In South Korean society, vacant housing is still largely perceived as targets for demolition. However, a vacant house is not necessarily in a state requiring demolition; indeed, a substantial number of vacant properties remain fully viable for economic use and profit-generation. If these properties can be reintroduced to the market early, the vacant housing problem can be resolved at the lowest possible cost to the state, local governments, and individual owners. Based on Japan's program, this study proposes designating licensed real estate brokers as the primary intermediaries for vacant housing circulation, and introducing special brokerage fee structures for transactions involving low-cost vacant properties or leases. Furthermore, this study proposes introducing special subsidy provisions to support brokerage fees for vacant housing transactions in “Depopulated Areas” and “Areas of Concern for Population Decline”. Establishing specific criteria for “low-cost” vacant housing and determining appropriate brokerage fee schedules will require coordinated consultations among the Ministry of Land, Infrastructure and Transport (MOLIT), civil society organizations, and the Korea Association of Realestators (KAR). Additionally, to foster and secure consulting services for vacant housing circulation, the Minister of Land, Infrastructure and Transport should develop a standard vacant housing consulting contract, mandate its use, and establish new regulations governing consulting fees, thereby preventing potential harm to property owners and ensuring transaction security.

키워드

빈집; 빈집 유통; 일본 빈집법; 특정빈집; 대집행; 개업공인중개사; 중개보수 특례; 인구감소지역; Vacant Housing; Vacant Housing Circulation; Japan's Vacant House Act; Specific Vacant Houses; Administrative Vicarious Execution; Licensed Real Estate Brokers; Special Brokerage Fee Exceptions; Depopulated Areas
제목
빈집, 유통(流通) 대상으로의 전환 - 일본 빈집대책추진 프로그램을 참고한 정책 제언 -
제목 (타언어)
Transitioning Vacant Housing into Assets in Circulation – Policy Proposals Based on Japan’s Program for Promoting Vacant House Measures –
저자
양미숙
발행일
2026-07
유형
Y
저널명
연세법학
호
51
페이지
579 ~ 620