한국 주택임대차법제의 개선을 둘러싼 논의에 대한 고찰 -전세사기와 깡통주택 문제를 계기로 하여-

This study examines the structural limitations of Korea’s residential lease law in light of growing concerns over jeonse fraud and insolvent (so-called “kkangtong”) housing, and proposes institutional reforms to strengthen tenant protection and enhance housing stability. Korea’s unique jeonse system– characterized by large-sum deposits and short-term lease structures– inherently functions as a financial transaction. Landlords utilize tenant deposits as a means of asset accumulation, and in this process, recurring issues such as jeonse fraud, reverse jeonse, and deposit return defaults have emerged. As a result, tenants are increasingly exposed to housing insecurity without sufficient legal or institutional safeguards. To address these challenges, this paper presents four key reform proposals. First, it calls for the establishment of a preemptive protection system through financial instruments, including mandatory lease deposit return guarantees for landlords and the introduction of a tenant credit evaluation system. Second, it advocates for the expansion of the right to request lease renewal to ensure residential continuity. Third, it emphasizes the need to foster a sustainable rental housing environment by expanding long-term rental supply and linking it with urban regeneration efforts. Lastly, the paper underscores the importance of improving administrative support systems and creating rational incentive structures for private rental housing providers to enhance policy effectiveness and sustainability. By reflecting the financialized nature of the jeonse system, this study contributes to the discourse on addressing housing inequality and promoting an inclusive and stable residential environment in Korea.