임차인보호규정 변화에 따른 상가임대차구조개선 방안에 대한 연구 - 상가건물 임대차보호법을 중심으로 -

South Korea has recently seen a decrease in the increase rate of housing prices, and a continuing in low interest rates, thereby raising investors' interest in profitable properties., due to the higher profitability in commercial properties compared to that of financial products or residential properties. Nevertheless, the such increasing investment in commercial properties is increasingly creating disputes between lessees and lessors, among other problems. Media reports of these disputes have bolstered regulations for protecting the social weak lessees. Although the Commercial Building Lease Protection Act has been enacted and is being implemented in South Korea, the act is yet to be further improved compared to the equivalent situation in developed countries. Reflecting these requirements, the Commercial Building Lease Protection Act was amended in 2015 to establish regulations for protecting the lessee's premiums. This strengthening of lessee protection regulations may weaken the profits of the lessee's investment in commercial property. This study compared South Korea's current lessee protection regulations with those of developed countries with the research aim of predicting the direction of future trends. In particular, the effects on the lessor's profitability of that the regulation to protect lessee's premiums were analyzed so as to determine the possibility of decreasing profitability. Lastly, the percentage rent and REITs system were examined as measures to maintain cooperative relations between the lessor and lessee.