주택임대차보호법 개정의 법적 당위성에 관한 연구 - 계약갱신요구권의 도입을 중심으로 -

Abstract

Lease prices have continuously increased every year since 2009, and although this trend is expected to continue in the latter half of this year, the measures proposed by the government to resolve this issue are not practical, and ignore reality. Moreover, although legislative improvements are under way to promote housing stability for tenants due to the rapid increase in lease prices, among these improvements, the movement to adopt the right to request contract renewal, a provision regulated in the Commercial Building Lease Protection Act, into the Housing Lease Protection Act, is being suspended based on the reason that it infringes the property rights of landlords. Thus, the purpose of this Research is to reveal the legal justification for the necessity of adopting the right to request contract renewal, focused on guaranteeing the right to housing (stability), continuity (durability), and property rights, so that such may be actively applied in future legal revisions. In conclusion, the legal justification for adopting the right to request contract renewal is, first, a method guaranteeing the right to housing in the long term for tenants, which if not guaranteed, will be an impediment to achieving dignified living and the right to pursue happiness and dignity decent quality of life, as required in the Constitution. Second, a lease is a continuous contractual relationship which may be requested for revision and the objective of tenants in a lease agreement is continuity of residency, or the ability to continue to reside in the same residence. Third, the property right of tenants is guaranteed by promoting legislative and substantive review of the proper methods regarding the infringement of the property rights of landlords. Therefore, to prepare for continuously increasing lease prices, the right to request contract renewal, which is a method protecting the existence of a rental relationship, should be promptly adopted to ensure the housing stability of ordinary citizens in the short term, and a device should be provided preventing landlords from refusing contract renewal, unless in situations where there are defects so severe to a tenant as to disrupt the continuation of a contractual relationship.