부동산 유치권 형사분쟁에 따른 유형별 경찰조치 방법 연구

Abstract

Recent real estate lien disputes in commercial building have led to difficulties in handling 112 emergency calls. Lien disputes are complex and interwined with both civil and criminal issues. There are also unreasonable demands from parties attempting to resolve civil disputes through the use of public authority. Without experience or knowledge related to lien, it is difficult for the police to response appropriately. However, existing studies primarily focus on institutional improvements related to lien. This study aims to organize the legal principles required for police intervention in criminal dispute related to lien and examine the patterns of conflicts that arise in practice. It further seeks to suggest appropriated police action tailored to each conflict type. The lien holder’s possession of the property serves as a means to pressure the debtor to repay the debt. Until the dispute arise, it is necessary to prepare for unexpected situations. A lien does not require public notice. The claim that a lien is invalid due to the absence of a filling of notice is not justified. The legitimacy of a lien is a matter to be determined by the civil court. However, in the event of a criminal dispute, the parties’ awareness of the legitimacy of the lien affects the determination of criminal intent, the justification of the act, and the sentencing. Arresting a lien holder must be approached with caution. The loss of possession by the lien holder leads to the loss of their rights. This study organize the legal basis for the exercise of public authority, police actions for different types of reports and practical considerations faced in the field. Relevant lower court precedents, including potential on-site facts and clear issues, were selected and analyzed for effective complaint handling and evidence collection.