감정평가법인규모에 따른 전문자격사의 업무제한에 관한 연구

Abstract

The real estate appraisal is an objective assessment system that evaluates the fair value of real estate, thereby playing a crucial role in public and private sectors of banking, credit, taxation, implementing public service, legislating and implementing real estate policies such as national territory plans. Therefore, professional appraisers’ work has a strong publicness and sociality since their work directly and indirectly impacts on the government’s policy implementation and people’s property rights. Thus, the legal systems which promote the reliability, objectivity and fairness of the assessment system has been required. Hence, in our country, enlargement of the appraisal firms has been promoted by providing official incentives to those large corporations. However, these institutional support has aroused controversy that the support violated the freedom of profession and the right to equality by limiting the professional appraisers’ work scope in accordance with the size of appraisal firms. Hence, this study investigated the importance of the assessment system in regard to the protection of property rights of people, constitutional grounds of the assessment system and the legitimacy of an infringement of liberty. Nonetheless, minimizing violation of the profits which caused by restricting appraisers’ work according to their firms’ size should be considered.