임대차법의 개정논의에 대한 管見

As for lease and by considering its nature, it is ideal to balance the two interests, a guarantee of the right to benefit of a lessor and a guarantee of the rights to utilization for a lessee. However, today, the development of lease protection act for residence can be evaluated that is aimed at lessee protection. And topics to discuss on this perspective are continuance guarantee of the right to lease, chance to oppose against third party, maintaining appropriate rent and to guarantee measures to recoup expenses, a lessee capital investment during a term of lease. This paper introduced a lessee-oriented amendment issue was discussed in Korean civil law. However, assessment can be made to civil law on its lack of making a bold decision to adopt abstract and technical regulation derived from nature of law itself as general law. Whereas, amendment discussion were continued in special law to assure chance to oppose for the right to lease, guarantee of opportunity to recovery of the deposit and maintaining appropriate rent. Also, it can be assessed as most part of the discussion results were visualized in detail. Merely, in case of Commercial Building Lease Protection Act, its attitude to guarantee the chance to reclaim premium means significant in its meaning. But, foreign legislation case indicate there are no recognition to restrict a lessor exercise right of termination without due cause, which means Korean law remains to fundamentally solve continuance guarantee of the right to lease. In conclusion, an appropriate level of regulation on rent is becoming urgent issue. Nevertheless, only fundamental solution to this issue is prevention of contract renewal denial aiming at rent increase. And for this, there is a need for reference foreign legislation cases that deals with set-up ‘absolute criterion – official notice rent fee’ or ‘relative criterion - limitation to rent increase in its ratio compare to existing rent’.