주택임차인의 보증금 사고 예방에 관한 사법적 검토

A surety deposit accident is a case in which the lessee is unable to recover the surety deposit from the lessor. The reason of the accident may be varied, but the biggest cause is thought to be the ‘large amount of surety deposit’, which is derived from the practice of claimable lease on a deposit basis. That is, if the lessor's financial power is insufficient, the lessee is less likely to recover the surety deposit, which leads to a surety deposit accident. To prevent this accident, various legal systems, including the preferential reimbursement system under the Housing Lease Protection Act, are in place, but accidents still occur frequently. In order to legally prevent surety deposit accidents, first, it is necessary to reorganize the legal system and terminology for the security deposit protection system distributed in the Housing Lease Protection Act, the Act on Real Estate Transaction Report, etc., and the Special Act on Private Rental Housing. Second, it is necessary to institutionalize the disclosure of information about the lessor who is a party to the lease contract and the object, and third, it is necessary to make the standard housing lease contract mandatory. On the other hand, the current insurance system is a form in which the lessee prepares himself/herself for the risk of surety deposit accidents, but as in the Special Act on Private Rental Housing, the lessor must be forced to purchase guarantee insurance.