공인중개사의 업무 및 부동산 거래 신고에 관한 법률의 공법적 성격 - 등록 및 신고제의 법적 성질을 중심으로-

The real estate law should be considered as a neutral law since it has the characteristic of both public and private law. Some have contended that it is a form of social law. However it is not a ` rational argument because common law is the law to protect the weak. Rather, real estate law has many propensities of the private law; such as the purpose in legislation and provision to achieve the purpose. Registration and report system are the good examples to show the efforts. Registration system is the system to induce specialization of real estate business to develop competitive power in open market. The system makes certain of that whoever wants to open an agency, must register license and the seal as an agent. Report system is for fair trade in real estate market through regulating any deceiving conduct in business. For example, the system guides any real estate trade to be reported mandatorily in order to prevent any speculation or tax evasion. Ultimately, the purpose of the real estate law is to contribute to the national economy through promoting fair trade in the market by educating realtors in business ethic. Take together, the real estate law should be understood as a national public law because it is the law to stimulate the fair market trade in real estate