임대료 규제의 정당성과 계약법의 역할 ― 젠트리피케이션을 중심으로 ―

This article analyzes the situation of the enactment and revision of the Commercial Building Lease Protection Act and social phenomena by time period and reveals that the bias and absence of the Commercial Building Lease Protection Act eventually resulted in gentrification. Also it deals with the following two issues among the grounds of opposition of rent regulation raised by academia and the National Assembly regarding rent regulation of commercial buildings. First, it criticizes the argument that the Commercial Building Lease Protection Act only aims at protecting small lessee and indicates that in setting the scope of the Commercial Building Lease Protection Act the focus should be on the 'lessee' itself, not only on the 'small' lessee. Second, against the argument that rent regulation of commercial buildings is an excessive restriction on private autonomy, it asserts that the freedom presented by the contract law comes from "society" rather than individual human nature and argues that there must be a 'fair price' for all goods or services in society. Furthermore, by saying that the active role of the contract law, which sets the social rule that gives the binding power of contract, is to form conditions for securing equal bargaining power of the parties to the contract and hopefully to embody the 'fair price' of goods and services, this article suggests the basis for introducing rent regulation of commercial buildings and provides an opportunity to reconsider the social role of the contract law.