주택임대인에 대한 과도한 규제와 임차인 보호 - 임대인과 임차인 설문조사를 중심으로 -

초록

Enacted on March 5, 1981, the Housing Lease Protection Act has established various systems to ensure the stability of tenants’ residential lives, and amendments continue to be proposed in the National Assembly to this day. The systems introduced under the Act are generally understood to restrict landlords’ property rights and transfer the restricted portion to tenants. In this study, the author explained two systems to both landlords and tenants: the “fixed-term non-renewable housing lease,” which is considered favorable to landlords, and the “right of early termination,” which is deemed favorable to tenants. A survey was conducted to ask whether these systems are necessary and whether there is an intention to use them. The results showed that: 1. Both landlords and tenants agreed on the necessity of the two systems, confirming that if established, they would be willing to use them actively or in specific circumstances. 2. This outcome can be attributed to the fact that the roles of landlords and tenants are not permanently fixed once established but are always subject to change and can coexist. 3. Although the right to request contract renewal is clearly a tenant-focused system, both landlords and tenants were found to experience significant fatigue due to related 4. 35% of respondents reported having to relocate during the lease term, indicating that such situations occur relatively frequently. In such cases, the customary practice in Korean society is for the tenant to obtain the landlord’s consent, secure a new tenant, and then vacate the premises. It was also confirmed that the brokerage fee incurred in this process is typically borne by the tenant. 5. Specific unavoidable circumstances justifying a tenant’s early termination of the lease were also identified. On the other hand, private housing landlords are inevitably more sensitive to government policies and housing lease systems compared to public housing landlords. If the objective of strengthening tenants’ housing rights excessively restricts landlords’ property rights, the incentive to continue housing rental businesses will diminish, potentially leading landlords to abandon their role altogether. The resulting consequences would harm tenants, including a reduction in the supply of quality rental housing and rising rents. Therefore, while respecting the principle of private autonomy, regulations should be minimized when deemed necessary.

키워드