주택임대차보호법상 계약갱신에 대한 입법적 고찰

Abstract

In September 2020, there were amendments made to the laws related to the lease agreements. These changes include provisions that allow tenants to view the current status of their lease information. This information can be used by the lessee to claim compensation for damages if the landlord falsely refuses to renew the lease. Another change pertains to the calculation rate when converting a deposit to monthly rent. This change ensures that there is a fair and transparent calculation method that is used to determine the rent amount that should be deducted from the security deposit. Overall, these amendments aim to protect the rights of tenants and ensure that they are treated fairly under the law. These series of legislative revisions have been socially controversial, and even now, legislative debates, such as violation of the principle of private autonomy, violation of the principle of prohibition of retroactive legislation, and effectiveness, centering on the harm to the real estate market that the revised current law will cause, continue. In the case of some houses, the relationship between the tenant and the landlord has reversed as the rental price has plummeted. Even at the time of the amendment of the 「Housing Lease Protection Act」, from the point of view of the legislator, the lessor has always been in the position of A, but now it is changing to the position of B. From the standpoint that the harmful effects that may occur from the perspective of social equity should be removed, but if state intervention is necessary based on communal thinking, restrictions on private autonomy should be minimal to the extent necessary. This paper points out the legislative purpose of strengthening the tenant's housing right and the excessive restriction of the landlord's private autonomy due to the reverse housing lease crisis, and seeks to derive a reasonable alternative that can adjust the interests of the parties concerned. As mentioned above, except for the part that has been discussed in previous studies on the 「Housing Lease Protection Act」, a legislative review was conducted focusing on the matters related to contract renewal, contract termination, and win-win lessor policy under the Housing Lease Protection Act, which have recently become problematic in practice. In conclusion, contract renewal article under the current 「Housing Lease Protection Act」 is considered to have significantly lost the balance of rights in that unexpected damages may be caused to the lessor due to a unilateral change of the lessee. As this article is against the principle of good faith, it is necessary to delete the relevant provision.