에어비앤비 계약의 법적 성격 및 집주인의 보호책임

There are no regulation to define the Airbnb contract and what kind of liability the host have for a guest. The number of Airbnb contracts which are made between parties increase continuously and there are many reports about crimes occurred in the Airbnb place as well. Therefore, the study on the definition of the Airbnb contract and whether the host have a liability for a guest’s personal damage or not is required. There are several opinions to define the Airbnb contract. According to the opinion that the landlord-tenant treatment is applied, the host doesn’t have a liability for a guest’s personal damage if he provide a guest with an adequate conditioned room to use . Whereas if the innkeeper treatment is applied to the Airbnb contract, the host have a liability of subordinate negligence clause of the principle of faith and loyalty to protect the guest’s safety. Thus, the guest can claim the compensation for damage about the hidden camera or crimes to the host. The innkeeper treatment should be applied to the Airbnb contract based on the grounds as follow. First, the host does not consider who the guest is as the important matter in the contract. Second, the host has liability for the guest’s personal damage since he can recognize the possible danger in the room. In addition, there are another grounds that applying the innkeeper treatment is resonable. According to this opinion, the guest in the Airbnb contract can be protected widely.