商街賃貸借保護法상 權利金에 관한 問題點과 改善方案

The current Commercial Building Lease Protection Act has been revised to newly add the provisions of defining key money, range of application, and means to protect it, and so on. However, there have been much criticism and demand for revision about the newly added regulations. To prevent key money-related disputes, it is desirable to make provisions about giving and taking regional key money, facility key money, and operation key money with the division of leasers and leasees. Also, about regional key money, it is needed to consider it is protected by the existing Request for Contract Renewal, and the period should be lengthened from the current 5 years to 7 years. Regarding provisions to protect key money recovery chance, it is necessary to delete No. 1 of Section 1 in 4 of Article 10 as leasers, too, can give and take key money. In addition, to protect leasees’ key money recovery chance, it is desirable to delete the clues of Section 1 in the same article prescribed inclusively. Article 10-8 defining ‘arrears and termination of the lease contract’ may cause tremendous damage on leasees according to its interpretations. Therefore, concerning the interpretation of the article, it is needed to provide chance to recover facility key money and operation key money though regional key money may not be recovered. Key money-related provisions newly added to the Commercial Building Lease Protection Act are still not enough to resolve disputes that may arise between leasers and leasees or new leasees, but it is expected that it will develop further afterwards with the process of resolving the problems gradually.