개정 주택임대차보호법의 헌법적 쟁점 검토 - 계약갱신청구권제와 전월세상한제를 중심으로 -

The lease contract establishes a right relationship through a voluntary contract between a landlord and a tenant, but there can be a realistic imbalance between the landlord’s and the tenant’s rights. The Housing Lease Protection Act has been established and implemented as a legal basis for resolving the realistic imbalances in the actual operation of the rights the relationship between landlords and tenants and protecting tenants’ rights. The Housing Lease Protection Act, which was enacted in 1981, stipulates special provisions for civil law regarding the rental of residential buildings, and aims to ensure the stability of national housing life. Nevertheless as the imbalance between the landlord and the tenant still exists, a number of legislative proposals related to the Housing Lease Protection Act were proposed to the 21st Provisional Assembly in 2020 by the lawmakers. Finally the so-called ‘Lease 3 Acts’ were introduced in the Housing Lease Protection Act, and came into effect. This article examines the constitutional issues related to the right to apply for a contract renewal and the rent and lease limit. It examines the contents of the contract renewal application right system and the rent and lease limit system, and reviews whether property rights are violated or not, whether freedom of residence transfer is violated or not, whether the retroactive ban is violated or not, and whether the right to pursue happiness is violated or not, due to the revised Housing Lease Protection Act.