공인중개사법상 손해배상책임보장을 위한 공제제도의 개선방안 -일본 택지건물거래업 보증제도에서의 시사점을 중심으로-

The duties and responsibilities of licensed real estate agents have been reinforced in light of the emergence of issues pertaining to damage prevention and victim relief in recent instances of jeonse fraud. To strengthen responsibilities, measures to improve damages liability coverage are being discussed. They aim to increase the limit of liability coverage and simplify the disbursement of mutual aid funds. This study evaluated ways to simplify the payment procedure of mutual aid funds, focusing on the cases of Japan. Japan established a guarantee company, which is a separate corporation, independent of the National Association for Real Estate Transaction Guaranty, and in charge of resolving consumer complaints and providing compensation. Once a victim is certified by the guarantee company, the victim can easily and quickly receive compensation for damages without the need for a final ruling. It also resolves complaints through the branch to prevent credit accidents prior to certification to resolve complaints between brokerage clients and real estate brokers through self-help or mediation. The Japanese real estate transaction guarantee system can be used as a reference to improve the mutual aid system of South Korea. However, even if a guarantee company independent from the Korea Association of Realtors is not established like in Japan, if a dispute mediation committee is stipulated in the Licensed Real Estate Agents Act and activated, it will be possible to fulfill the original purpose of the mutual aid business, such as enhancing the public's trust and protecting people's property rights, by resolving consumer complaints and promptly disbursing mutual aid funds.