「지역상권 상생 및 활성화에 관한 법률·시행령」제정의 주요 함의

Abstract

The gentrification phenomenon originally refers a process of establishing large-scale cultural and commercial facilities along with development in an area that was underdeveloped and dominated by small business owners. Although gentrification improves infrastructure, small business persons in that area suddenly lose their bases and move stores to other areas or, in worse situations, close their businesses. Small business persons who move their stores to other neighbors to avoid the gentrification phenomenon may encounter the gentrification phenomenon again within a few years in a new location. The good example of this phenomenon include the expansion of commercial area from HongDae street to Sangsu-dong and Yeonnam-dong. Since, in an area that has become famous, an increase in sales leads to rent increases, it is impossible to maintain stores other than franchises of large corporations, in these revitalized areas. As a response to this problem, the Commercial Building Lease Protection Act was amended, and each local government, for win-win cooperation among stakeholders in their local commercial area, has been making continuous efforts such as enacting various ordinances. In addition, as a specific contermeasure, the Act on Mutual Growth and Revitalization of Local Commercial Areas (“Local Commercial Area Act”), which aims to support the revitalization of a declining commercial area and promote the win-win between landlords and tenants, was enforced in April 28, 2022 after a grace period of 9 months. The Local Commercial Area Act is considered a desirable law in that it has secured some degree of effectiveness by specifying various means such as establishing a plan for revitalization of the commercial area, forming a win-win council, designating a local win-win zone and autonomous commercial zone, and conducting an actual situation survey. Moreover, since the method is in the form of a local council that includes not only the lessor and lessee, but also the government, local officials, and local activists, which shows that this act is based on the recognition that the gentrification phenomenon is not simply a matter of renting a commercial space, but a problem connected to the local commercial district and culture, the enactment of the Local Commercial Area Act is positively evaluated. The continuous monitoring and continuous research are needed for the Local Commercial Area Act to contribute to the establishment of a virtuous cycle system in regional economic vitality by revitalizing the declining downtown commercial area and preventing deprivation of the commercial area.