@article{ART003380399},
author={Cho Jae Jin and Kwon, Kee Wook},
title={A Study on a Two Stage Pre Contractual Risk Regulation Framework for Housing Lease Brokerage — Focusing on the Legislative Design of Objective Minimum Safety Assessment and Suitability and Appropriateness Review —},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2026},
volume={14},
number={3},
pages={557-596}
TY - JOUR
AU - Cho Jae Jin
AU - Kwon, Kee Wook
TI - A Study on a Two Stage Pre Contractual Risk Regulation Framework for Housing Lease Brokerage — Focusing on the Legislative Design of Objective Minimum Safety Assessment and Suitability and Appropriateness Review —
JO - Legal Theory & Practice Review
PY - 2026
VL - 14
IS - 3
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 557
EP - 596
SN - 2288-1840
AB - This study examines the limits of residential lease brokerage, which focuses on verifying legal rights but fails to control the landlord’s ability to return the security deposit and the tenant’s risk of loss before contract formation. It proposes an ex ante risk-management model based on the preventive function of the suitability principle. The model has two stages.
First, an objective minimum-safety assessment reviews the property’s net recoverable value, the landlord’s deposit liabilities, liquidity, tax arrears, and guarantee incidents. Transactions that fail are restricted, while conditional transactions may proceed only after risk-reduction measures. Second, residual risk is compared with the tenant’s assets, income, loan reliance, and loss-bearing capacity. Suitability applies to broker-recommended transactions, while appropriateness review and enhanced disclosure apply to tenant-selected transactions.
Legislation should define these duties and strengthen landlords’ information and inquiry-cooperation duties. This model shifts lease protection from ex post relief to ex ante prevention.
KW - Housing Lease Brokerage;Suitability Principle;Deposit-Repayment Capacity;Objective Minimum-Safety Assessment;High-Risk Housing Lease
DO -
UR -
ER -
Cho Jae Jin and Kwon, Kee Wook. (2026). A Study on a Two Stage Pre Contractual Risk Regulation Framework for Housing Lease Brokerage — Focusing on the Legislative Design of Objective Minimum Safety Assessment and Suitability and Appropriateness Review —. Legal Theory & Practice Review, 14(3), 557-596.
Cho Jae Jin and Kwon, Kee Wook. 2026, "A Study on a Two Stage Pre Contractual Risk Regulation Framework for Housing Lease Brokerage — Focusing on the Legislative Design of Objective Minimum Safety Assessment and Suitability and Appropriateness Review —", Legal Theory & Practice Review, vol.14, no.3 pp.557-596.
Cho Jae Jin, Kwon, Kee Wook "A Study on a Two Stage Pre Contractual Risk Regulation Framework for Housing Lease Brokerage — Focusing on the Legislative Design of Objective Minimum Safety Assessment and Suitability and Appropriateness Review —" Legal Theory & Practice Review 14.3 pp.557-596 (2026) : 557.
Cho Jae Jin, Kwon, Kee Wook. A Study on a Two Stage Pre Contractual Risk Regulation Framework for Housing Lease Brokerage — Focusing on the Legislative Design of Objective Minimum Safety Assessment and Suitability and Appropriateness Review —. 2026; 14(3), 557-596.
Cho Jae Jin and Kwon, Kee Wook. "A Study on a Two Stage Pre Contractual Risk Regulation Framework for Housing Lease Brokerage — Focusing on the Legislative Design of Objective Minimum Safety Assessment and Suitability and Appropriateness Review —" Legal Theory & Practice Review 14, no.3 (2026) : 557-596.
Cho Jae Jin; Kwon, Kee Wook. A Study on a Two Stage Pre Contractual Risk Regulation Framework for Housing Lease Brokerage — Focusing on the Legislative Design of Objective Minimum Safety Assessment and Suitability and Appropriateness Review —. Legal Theory & Practice Review, 14(3), 557-596.
Cho Jae Jin; Kwon, Kee Wook. A Study on a Two Stage Pre Contractual Risk Regulation Framework for Housing Lease Brokerage — Focusing on the Legislative Design of Objective Minimum Safety Assessment and Suitability and Appropriateness Review —. Legal Theory & Practice Review. 2026; 14(3) 557-596.
Cho Jae Jin, Kwon, Kee Wook. A Study on a Two Stage Pre Contractual Risk Regulation Framework for Housing Lease Brokerage — Focusing on the Legislative Design of Objective Minimum Safety Assessment and Suitability and Appropriateness Review —. 2026; 14(3), 557-596.
Cho Jae Jin and Kwon, Kee Wook. "A Study on a Two Stage Pre Contractual Risk Regulation Framework for Housing Lease Brokerage — Focusing on the Legislative Design of Objective Minimum Safety Assessment and Suitability and Appropriateness Review —" Legal Theory & Practice Review 14, no.3 (2026) : 557-596.
