부산대학교 도서관

South Korea legalized several special acts to protect lessees who are a party to obligatory right contracts. These representative acts are the House Lease Protection Law and the Commercial Building Lease Protection Law. It is necessary to protect the rights and legal status of lessees who are the legally underprivileged in a real estate lease. However, there are still systematic problems related to laws that protect lessees rights compared to other developed countries. This study introduces foreign laws on building lease rights to analyze how special acts of civil laws such as legal policy and systems of using buildings under the House Lease Protection Law, and Commercial Building Lease Protection Law protect lessees. Also, it presents complementary measures of the legal policies and legal systems of South Korea. The summery is as follows: Complementary measures suggested to strengthen lessees legal status under the House Lease Protection Law are these: First, to control rents, when agreed rents or deposits change because of change of tax or utility charge or economic fluctuation, parties should claim addition or reduction in the future. To do this, a "Fair Rent Coordinator System" that is written in English can be introduced to South Korea for the committee to review the proper level of rent based on price rise rates and to mediate the excessive increase of rent. Second, fair rent of lease deposit must be calculated and publicly announced. The public announcement of rent deposit (fair rent) can contribute to solving conflicts between third parties when real rights over immovables change. Third, Lease Deposit Return Guarantee Insurance System should be introduced. To guarantee lessees residential mobility, this system needs to be introduced. Revisions or betterments suggested to solve the problems of Commercial Building Lease Protection Law are these: First, the term, "commercial building" that is used in Commercial Building Lease Protection Law is not clearly defined and its application boundaries can cause conflicts. Therefore, its clear definition is necessary. Second, a Lease Registration System as well as a real estate registration system that announces real rights should be established to protect people legally who do not posses their own house. Third, under the Commercial Building Lease Protection Law, the current rent period should be longer because much financial investment is put in a commercial building for business. Fourth, in case a lessee does not receive a premium directly, because it is unfair that lessees must be responsible for sources of money that they do not receive, as Contract Renewal Request Right is provided to lessees. It is desirable that when the contract is not renewed, lessees should re-collect facility investment money that consists of a large portion of the premium by Cost Return Claim. Key Words: Building Lease Right, House Lease Protect Law, Commercial Building Least Protection Law, Fair Rent Coordinator, Lease Deposit Return Guarantee Insurance System, Lease Registration System, Contract Renewal Request Right, Cost Return Claim