임대보증금보증제도의 법경제학적 고찰

Abstract

The mandatory subscription of lease deposit guarantees under Article 49 of the Special Act on Private lease Housing has been controversial since its introduction. This is because lease registration businesses, not tenants who receive economic benefits, are obligated to sign up for guarantees, pay guarantee fees, and even face criminal punishment for violating their subscription obligations. Therefore, problems of excessive legal use and equity have been raised, and concerns about moral hazard have continued. After considering the problems of this system from a legal and economic point of view, this study suggested improvement measures to maintain legal equity and minimize damage to the principle of private autonomy. First, the obligation of small private purchase lease businesses to subscribe to guarantees is exempted or alleviated, and tenants are required to selectively subscribe to guarantees. Second, the guarantee limit should be lowered to suit the reality to prevent gap investment that raises market profits. Third, appropriate debt management is needed for multi-homeowners with high lease rates and high tax burdens.