주택임대차에서 수선·유지의무의 법적 성격과 제도개선 과제

At present, the Housing Lease Protection Act and provisions within the civil code are insufficient to resolve conflicts and disputes arising from housing lease arrangements, leading to a number of social problems over the years. Specifically, many conflicts and disputes arise from the fact that article 623 of the civil code does not contain provisions for determining liability and cost burdens in cases when a leased object requires repair or replacement during lease term. For both parties of the housing lease, the current interpretation of civil code and the court’s related precedents are difficult to interpret. This study aims to analyze dispute cases related to repair and maintenance duty from the perspective of lessors' property rights and the tenants' housing rights, and provide the following legal and policy recommendations. First, a code regarding repair and maintenance duty on leased objects should be newly established in the Housing Lease Protection Act, and the object and scope of the obligation should be concretely specified. Second, national institutions and local governments should provide guidelines that contain the status of the leased objects, usage methods, years of use, and methods to identify accountability. Third, the role of the dispute mediation committee should be expanded so as to resolve disputes between the both parties in an efficient manner. Specifically, a dispute mediation committee should be established for each region, and dispute mediation cases should be publicized so that they are easily referenced by both parties.