코로나 위기로 인한 상가건물임차료 조정과 ESG 및 위험사회

The Corona (COVID-19) pandemic is affecting overall economic life and is causing a crisis for many economic units. In particular, the self-employed are experiencing difficulties in paying rent due to operating losses. This lease crisis can undermine the sustainable development of society. It is necessary to seek a solution from the perspective of ESG or risk society, which has become an issue recently. For this, a rational interpretation of the current law related to commercial rentals and a legislative search are necessary. Due to the corona pandemic, losses that cannot be attributed to either the lessor or the lessee are occurring. There is a need for a legal mechanism to temporarily reduce the rent until the corona crisis is over. However, if the lessee unilaterally accepts only the rent reduction, it will force the lessor to make sacrifices. A pandemic situation such as Corona is not an area of risk for either the landlord or tenant. It is thought that a legal system and legal logic that can rationally distribute the risks arising in such cases are necessary. In terms of ESG, institutional efforts are needed to properly allocate the risks arising from commercial rentals for the sustainable development of society and economy. In addition, in terms of solving the problem of a risk society that causes inequality, it must be able to respond to the risk of infectious diseases such as Corona. Efforts should be made to adjust the rent for commercial building leases. It would be desirable from the perspective of the sustainability of our society to rationally settle the rent adjustment between the lessor and the lessee. Requests for rent reduction under Articles 627 and 628 of the Civil Code may be considered. In addition, a request for rent reduction in Article 11 of the Commercial Building Lease Protection Act may be considered. And the principle of clausula rebus sic stantibus can also be considered. However, the interpretation of each regulation and the position of precedents are difficult to apply to the current situation. In particular, the principle of change of circumstances, which is regarded as an applicable regulation in Germany, has limitations in its application in our case due to insufficient legislation and passive attitude of the courts. In this regard, the discussion on the application of Articles 536 and 313 of BGB in Germany can suggest implications in this regard. In conclusion, the court's forward-looking attitude is needed to more flexibly apply the principle of clausula rebus sic stantibus. From the institutional point of view, it would be desirable to stipulate legislation such as the Commercial Building Lease Protection Act, etc. that allows temporary rent adjustments to be made quickly in a simple procedure in situations such as the corona pandemic. In addition, there is a need to introduce regulations such as Articles 313 and 536 of BGB into the Korean Civil Law, recognizing the limitations discussed in Germany and improving it. As such, in a situation such as the corona crisis, it is desirable from the perspective of sustainability in our society to rationally settle the rent adjustment between the lessor and the lessee.