외국인의 주택임대차보호를위한 대항요건에 관한 고찰

The number of foreigners who inhabit Korea is gradually increasing arised frominternational exchange, entering the age of international socialization. An increasingnumber of foreign tourists, businessmen, workers and students in Korea has led to theformation of a multi-cultural society. It is, therefore, required to revise and operatelocals-oriented laws and systems so that Koreans could coexist with foreigners who, ifnot necessarily, are made to demand housing as residential space. The problems andimprovement plans of the Housing Lease Protection caused by increase in thelong-term stay of the foreigners are examined as follows. First, what matters most is inadequate regulations of opposing power for theforeigners under the Housing Lease Protection Act Enforcement Regulations. It is,thus, required to establish a requisite protection clause on opposing power of theforeigners, which is to specify that foreigners subject to the Immigration Control Lawshall comply with this law. Second, what comes into question mostly is not granting the right to inspection oftransfer household for foreigners. It is necessary to revise the related laws so thatforeigners, who are considered to receive a definite date in the housing lease contractand to register a transfer report in accordance with the Immigration Contral Law,should be included in the statement of transfer household report. It should be allowedfor foreign residents to demand the right to open the transfer household report byapplying Enforcement Decree of the Residents Registration Law. Foreigners ‘gettingopposing power based on the Immigration Control Law is inconsistent with the fact that it is not allowed for foreigners to open a transfer household report for the reasonof their not being allowed to register the social number and transfer. It is, therefore,essential to newly establish and insert a clause concerning the right to open a transferhousehold report in the enforcement decree of the Residents Registration Law forforeigners under the Immigration Control Law. This study suggested improvements to the problems related to the requisites forforeign residents. It is thought that these problems are to be solved through theamendment of the law of the housing lease protection, not through the compliancewith the Immigration Control Law.