상가권리금규정의 문제점과 개선방안

On May 12, 2015, the premium was legalized by the Commercial Building Lease Protection Act. The relevant laws and regulations include creation of definition regulations of premium, protection of the opportunity to collect premium, preparation of the standard premium contract, and presentation of premium valuation standards, etc. Accordingly, a lessee has come to receive protection of the opportunity to collect premium, and it can be judged as of great significance for the premium system, which has brought about lots of evils and damage cases up in the past, to be enacted. However, even in the present time marking about two years after the law revision, most of the lesses have been deprived of the chance to properly recover their rights, and there have been not a few discussions due to the ambiguous expressions of a bill, exceptive clauses which could be misused, and the standard of the object for exclusion of application. The purpose of this study is to examine the background and major contents of the enactment of commercial district premium, to extract problems, and consider the improvement plan thereof. From this perspective, this study is intending to present some theories of legislation as follows: First, it’s necessary to reorganize the concept of premium, and premium contract regulations under the revised Commercial Building Lease Protection Act. Next, it’s also necessary to make full preparations for protection of a lessee’s premium collection in recognition of the opposing power of premium itself in case a lessee is equipped with certain requirements. In addition, it’s necessary to strengthen the liability for damages, and to make clear the locus of the burden of proof for the purpose of intensifying premium collection. Lastly, there is a need to promptly adjust a dispute by setting up a premium dispute settlement committee.