부동산 전세사기 방지에 관한 소고: 전세사기피해자법의 주요 개정 내용과 입법정책 개선안을 중심으로

Abstract

In recent years, the number of cases of rental fraud has skyrocketed, resulting in numerous victims. The government has come up with countermeasures against rental fraud every year since 2022, and the National Assembly has also enacted a special law on rental fraud in 2023 to actively respond to it, but rental fraud is still ongoing. In this situation, the recently revised Act on the Prevention of Damage Caused by Rental Scams has been implemented. The government has announced countermeasures against rental scams every year since 2022, and the The revised law focused on addressing the shortcomings in the system, such as strengthening support for victims of rental fraud. In the previous section of this study, we looked at the main contents of the revised Rental Fraud Victims Act, and as the law focuses on ex-post measures against rental fraud, we also identified the need for more fundamental and preventive measures to prevent rental fraud. As for policy improvements to prevent lease fraud, first of all, in terms of the duties of licensed real estate agents, it is necessary to include the duty to confirm and explain details such as market price information and management fees of the property to be brokered. In terms of strengthening the authority of licensed real estate agents, it is believed that allowing licensed real estate agents to directly view information such as the landlord's tax delinquency will help reduce the risk of lease fraud by allowing them to warn the brokerage client in advance. In addition, the exclusive brokerage contract system can be used to encourage real estate agents to perform their brokerage duties with more responsibility, and the amount of damages liability guaranteed under the Real Estate Brokerage Act can be increased to increase the amount of money that can be recovered by the brokerage client in the event of damage. It is desirable to curb the occurrence of additional damage caused by lease fraud by actively introducing legislative and policy improvements that can prevent lease fraud in advance, along with the enforcement of the recently revised Lease Fraud Victims Act.