본문 바로가기
  • Home
Basic Search

An Analysis on the Influence of Rental Housing-Related Acts on the Incompleteness of the Rental Housing Act System

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 73(2), pp.83-107
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Sunbae Lee 1

1선문대학교

Accredited

ABSTRACT

Rental housing law system has expanded and developed its contents in connecting with other relevant Acts. The relevant Acts have limitations in some parts when including characteristics of rental housing, which made the rental housing law system incomplete. Such incomplete law system could not solve issues arising from the dynamic relationship between the interests of landlords and tenants. and thus it is set to be repealed leaving its place for the Special Act on Public Housing and the Special Act on Public Rental Housing.“ Some Acts relevant to the Rental Housing Act have become applicable to the Special Act on Public Housing and the Special Act on Public Rental Housing. Therefore the analysis of influence of those relevant Acts on the Rental Housing Act has many implications for improving the Special Acts newly established and amended. Several provisions of the rental housing related Acts which might make the Special Acts incomplete are as follows: First, it is impractical for tenants to access disclosed information where a management company appointed by a landlord applies the provisions governing the disclosure of accounting documents comprehensively or misuses those provisions. Secondly, the Special Acts contain the same provisions of the 'Rental Housing Act' which prescribe that the maintenance policies shall be established and amended in consultation with a landlord and the representatives of tenants. In such cases, a landlord can legitimately involve and interfere in the intrinsic rights of tenants. Thirdly, the Rental Housing Act prescribes that the breakdown, etc. of maintenance fees shall be disclosed on the management information system of apartment houses. Even though it is impractical for the provisions to ensure the transparency of such system, the same provisions will be included in the Special Acts and be applied to relevant cases. Fourth, even though the non-mandatory provisions regarding the cancellation of registration of landlords which are at the discretion of the head of a Si, Gun, or Gu, have nullified the rationale and purpose of the Rental Housing Act, without any amendments, such provisions will be included in the Special Act on Private Rental Housing and be applied to relevant cases. Fifth, the Rental Housing Act and the Special Acts do not expressly consider a negative correlation continuously existing between the profit-seeking activities of landlords in using the public funds financed to increase rents and the public responsibility in promoting housing stability for tenants. Sixth, taking a lesson from issues regarding public rental housing constructed by insolvent companies, in the future the Special Acts should stipulate the amendment of the Housing and Urban Fund Act to ensure both the recovery of loans paid back into the Fund and the protection of tenants. Even though Acts related to the Rental Housing Act have made the rental housing law system incomplete, some provisions of the those Acts will be moved and applied to the Special Acts without amendments. The issues arising from such incompleteness should be solved in the process of improving the Special Act.

Statistics

  • 392 Viewed
  • 225 Downloaded

Tools

Issue List

Citation status

* References for papers published after 2023 are currently being built.

This paper was written with support from the National Research Foundation of Korea.
Basic Search Advanced Search