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A Study on Institutional Improvements for Jeonse Deposit Refund Risks and Victim Protection – Focusing on Bridging the Gap Between Legal and De Facto Victims –

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2025, 13(4), pp.283~317
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : September 25, 2025
  • Accepted : November 26, 2025
  • Published : November 30, 2025

Cho Jae Jin 1 Kwon, Kee Wook 1

1세명대학교

Accredited

ABSTRACT

This study addresses the rising risk of non-refundable jeonse deposits caused by fraud and “empty can jeonse.” It critiques the limitations of the current institutional response, particularly the Jeonse Fraud Special Act, which excludes many tenants by setting overly strict victim criteria, thereby widening the gap between legal and de facto victims. Findings reveal major weaknesses, including narrow victim recognition, restrictions and delays in deposit guarantee insurance, insufficient preventive mechanisms, and poor coordination between central and local governments. The study recommends redefining victim categories, expanding mandatory enrollment in guarantee insurance, establishing localized schemes, improving information disclosure and risk alert systems, and strengthening intergovernmental cooperation. It concludes that Korea’s response system must evolve from narrow post hoc measures to a more inclusive and preventive framework to ensure tenant protection and restore confidence in the rental housing market.

Citation status

* References for papers published after 2024 are currently being built.