주택임대차보호법 개정에 따른 법적쟁점에 대한 소고

Abstract

A series of revisions to the Housing Lease Protection Act and the Enforcement Decree of the act in 2020 were made in line with the agenda of “creating a residential environment in which ordinary people live with peace of mind” by the government and the ruling party. The main revisions included ① right to request renewal and reason for refusal of renewal, ② liability for damages according to false renewal refusal of landlord, ③ Ceiling on rent, ④ expansion of housing lease dispute mediation committee(HDC), etc. There were problems. i) the effectiveness of the right to request renewal and the one-way application of the conversion rate of the deposit, ii) the application of article 6-2 of the act at the renewed lease termination, iii) the expansion of the HDC and the existence of mediation restrictions, iv) the collision between the buyer for the resident purpose and the tenant who exercised the right to request renewal, v) Other problematic cases(overdue rent, overturning agreement) were those. And as a solution, I presented i) a careful review of whether the Article 6-3 (1) 8 of the act exists or not, and a review of a plan to extend the guarantee period of the lease from two years to three years, the interactive application of the conversion rate of the deposit, ⅱ) the removal of the application of article 6-2 of the act at the renewed lease termination, ⅲ) Establishment of the basis for the network system that all dispute mediation committees can use integratively in the act, preparing a place for sharing various information among committees, preparing plans for the Ministry of Land, Infrastructure and Transport and the Ministry of Justice to officially prepare detailed dispute resolution criteria on a year or two, ⅳ) regulations for the refusal of renewal of buyers for the resident purpose, v) the application of the judicial precedent on the termination of the commercial building lease, the application of the legal principle on the prohibition of contradictions among the sub-principles of the Article 2 of Civil Law, etc. Also, according to the necessity of revision to the field regarding the return of deposit or house and the field regarding the obligation to maintain and repair leased house that the act didn’t focus on, I proposed ⅰ) provision of the duty of repair of the landlord, ⅱ) arrangement of the counterforce regulation part.