주택임차인의 임차보증금 보호를 위한 법정책적 고찰

Abstract

The purpose of Housing Lease Protection Act is to secure stability in the residential life of national citizens, by providing for special cases to the Civil Act with respect to the lease of building for residence. Housing Lease Protection Act was amended several times for making up for the weak points in Housing Lease Protection Act. As a result, new systems were introduced in Housing Lease Protection Act as follows: introduction of right to preferential payment, the securing of period of existence, introduction of order of lease registration, introduction of housing lease committee and so on. However, making up for the weak points in Housing Lease Protection Act is continued as ever. The heart of protection for lessee is the stabilization of residence by the securing of period of existence and safe recovery of deposit after completion of lease. However, blind spot where lessee is not under the protection of the law is existing as ever in spite of efforts. So lessee being thrown out of the house come into being and is facing a lawsuit about deposit. Our country introduced the protecting systems after the 1981 Housing Lease Protection Act. However, these protecting systems was approached in terms of legal policy rather than terms of legal logic. So new systems for protection of lessee should be considered in terms of legal policy rather then comparative study of foreign laws. New systems for protection of lessee should be in any way fair to the law-abiding citizens(lessor and lessee). In this study, I would review and analyze the present condition of our housing lease and some problems of our systems for protection of lessee. And then, I would offer solutions to these problems. In the first chapter, there would be presented the purpose, scope and method of this study. In the second chapter, I would grasp the present status of our housing lease through various statistical data. And also, I would deduce character in the housing lease system, expressly the lease system of a house on a deposit basis. In the third chapter, I would grasp the present status of our various systems for protection of lessee. In the fourth chapter, I would address and analyze foreign systems(Germany) for introduction of new systems. On the basis of review and analysis, I would make implications for our systems about systems for protection of lessee. In the fifth chapter, I would offer new systems for protection of lessee as follows: introduction of system puting a ceiling on deposit, introduction of depositing system on deposit, introduction of certification system of payment on deposit, improvement of announcement system and so on.