주택임차인 보호제도와 그 개선방향에 관한 연구

Abstract

It would be difficult at the present moment to predict exactly what problems may arise in the future. However, there should be efforts to find solutions for problems related to regulation of public order so that the risk of causing unreasonable consequences can be minimized. Since Housing Lease System is something that is being newly developed, a thorough examination of past problems can lead to a future Housing Lease System that is more rational and accords with substantial justice. In using of others▽ real estate, it is actually impossible for a tenant to make a contract with a landlord in equal status. And even after the contract, a tenant▽s right of lease was still in unstable condition, which leaded to raise the problem of tenant protection. So it was definitely necessary to develop the protection measure for the problem. Therefore, the Housing Lease Protection Act was enacted on Mar. 5, 1981, to protect the housing tenant▽s the basic right to live and the stability of housing life and started to provide the protection for tenants in social political prospect. In modern society, an aspect of the national housing life often changes depending on the change of social affairs. So, the Housing Lease Protection Act was enacted responding to the changing of the times and since then, it has been improved many problems presented by amending twelve times. However, there are still lots of things left to be desired. The house lease system has been generated and evolved into a peculiar law that can not be found in the example of foreign practices or legislations. The Housing Lease Protection Act was established for the purpose of stable residing lives for commonality, and has the feature of special law and social law from the viewpoint of the civil law. The Ministry of Justice is trying to promote the introduction of plans that can effectively secure the rapid recovery of security as part of plans to settle this social dispute?CEnactment Proposal for the Introduction of Security Insurance System for the Returning of the Deposit Money and Improvement of Civil Law System issued by Office of Legal Counsel within the Ministry of Justice. I explained about the main contents of Housing Lease System and dealt with the important contents of Housing Lease System and suggested especially the problems and improvements in connection with the opposition factor, Lease registration command system and Camouflage Lessee in Housing Lease System.