상가건물임대차보호법에 대한 위헌성 분석

Abstract

In spite of the area that private autonomy of contracts of the market that commercial building tenant’s protection law based on the housing lease protection law is applied should be more guaranteed, it enforces the prices and periods which is the core of the contract contents. And Some provisions more strongly guarantee the commercial building tenant’s protection law than the housing lease protection law. But this is the measure that residential stability of most people and stability of economic life by the partial economic subjects is, at least, considered as more than equivalence. So social consultation about it has been controversial from the beginning. Even though a certain period has passed and the commercial building tenant’s protection law partially contributed to society, this can be the characteristics of benefic law. So practical benefit of review can be enough for harmony in the legal system and teleological establishment of the system. It could be found that commercial building tenant’s protection law is the unconstitutional regulation which violates the principle of constitutionalism, guarantee of property rights, the principle of equality and the right to pursue human happiness. But it is difficult to abolish it right now as the market accepts this. So the specific alternative including the ones which have been discussed until now will be reviewed but ideas will be collected to keep legal stability and emphasize legitimacy of the legislative purpose.