경제위기와 임차인의보증금보장방안에 관한 연구

An ongoing recession is giving a red flag for the national economy as a whole. Especially, the housing recession is causing a risk that can not be retrieved the deposit for lease. Of course, any lessee who has met the requirements for opposing power as prescribed in Article 3 (1) or (2) and obtained the fixed date on the lease contract document, shall be entitled to receive the repayment of the deposit from the converted price of the leased house, in preference to any junior obligors and other creditors, at the time of an auction as provided by the Civil Execution Act and a public sale as prescribed by the National Tax Collection Act. Also, the lessee shall be entitled to received a repayment of a specified amount of the deposit in preference to other persons having the security rights in the leased house. But lessee who can be protected under the Act is not so much. Also, in case of being other persons having the security rights in the leased house, an effectiveness of lessee protection is not high. The deposit special guarantee system of the Korea Housing Finance Corporation is not enough to protect lessees. Therefore, it is needed to seek plans to guarantee the deposit of lessees. In this paper, i suggested two plans. One is a plan which a scope of lessees receiving a repayment of a specified amount of the deposit in preference to other persons having the security rights will be expanded. It is an another plan that a scope of the deposit guarantee insurance will be expanded. But, only one of two plans, it is not enough to protect lessees. Therefore, it will introduce two plans both to protect lessees effectively.