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Thoughts about Revision Legislative Bill for Protection Law of Housing Lease

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2020, 8(1), pp.165-190
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : January 10, 2020
  • Accepted : February 22, 2020
  • Published : February 28, 2020

Jung Soo Kyoung 1

1부산경상대학교

Candidate

ABSTRACT

A method of using a land or a building of other person can be divided into real right using method and receivable using method, but usually receivable method, which is lease, is used as real right using method brings limitation of ownership rights to owner of real estate. It difficult to see that one side party is unfavorable in lease contract between the owner of a land and a building and a person who lease it as a purpose of residing, but a house is an essential element for human life and it has a great effect on human life as a foothold of social live, and therefore rent and lease term are fundamental parts in housing lease when considering stability of residing is very emphasized. Protection Law of Housing Lease has been contributing to residency stability of ordinary people as deposit withdrawal regulation of tenant had revised into opposing power element, priority repayment right, top priority repayment right over 6th times until now ever since its enactment in March 5, 1981. lease period is stated as 2 years for protection of tenant under the same law, and it is protecting housing tenant by explicitly regulating automatic renewal of lease contract. However, for the case of Korea, legislation of congressperson to devise lawful and systematic supplements about the standard of rent reinforcement along with newly establishing contract renewal claim right of tenant to protect residency stability of tenant and property rights of lessor since the housing market is still unstable. In relation to this, revision process of Protection Law of Housing Lease must be revised according to situation in order to guarantee residency stability of tenant and act of property rights of lessor, and it should be revised within the limit that does not restrict rights of lessor along with protection of tenant. Since he '2 years' term being applied in the current law for claiming lease contract renewal is considered as appropriate balance that adjusted understanding between lessor and tenant, it is advisable to maintain the initial lease contract term as 2 years, guarantee contract renewal claim right in 1-year unit to minimize limitation of act of property rights of lessor, and the number of renewal should be acted within 2 times and should not exceed the maximum 4 years. Moreover, If contract renewal term is 2 years and rent increasing amount is 5% for rent increase and decrease claim as in the revision legislation bill that is being moored in National Assembly currently, then it means it is increased by 2.5% in 1 year and it limits act of property rights of lessor excessively as increase rate of rent according to indexation can't be reflected. Therefore, a method of minimizing limitation of residency stability of tenant and act of property tights of lessor is maintaining the ceiling of 5% every year in addition to allowing lease contract renewal in 1-year unit to suit reality. As bubbles in housing has gone out after global financial crisis in 2008 and leaded reduction of its supplies, it lead to soaring of lease price. The government had introduced many measures along with support on lease money as one of the measures for lease crisis but more fundamental solution is needed.

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