｢부동산서비스산업 진흥법｣ 재검토를 통한 제2차 기본계획의 성공적 추진 방안 연구: AI 시대 혁신과 신뢰 기반의 법제도 개선을 중심으로

The advent of the AI era is driving technological innovation within the real estate service industry and accelerating its growth into a high value-added sector. However, the industry currently faces complex challenges, including the occurrence of significant real estate incidents such as Jeonse (Korea’s unique lump-sum deposit lease system) fraud and deepening conflicts between traditional industry players and new technology-based sectors. Moreover, demographic shifts, such as the increase in single or two-person households and an aging population, coupled with a trend of low economic growth, urgently necessitate a fundamental structural improvement of the industry. In this context, for the successful implementation of the “2nd Basic Plan for the Promotion of the Real Estate Service Industry” (hereinafter “the 2nd Basic Plan”), scheduled to commence in 2026, a comprehensive review of its underlying legal basis, the “Real Estate Service Industry Promotion Act” (hereinafter “the Act”), is imperative. This study aims to conduct an in-depth diagnosis of the current legal and institutional limitations of the Act and, based on a quantitative and qualitative evaluation of the 1st Basic Plan, derive specific legal improvement measures for the establishment of the 2nd Basic Plan. To this end, literature review and policy analysis were conducted, integrating actual condition analysis data with legal issues for an in-depth examination. The research results confirmed that the current Act harbors several problems: ① limitations in embracing new technologies due to the narrow definition of ‘real estate services,’ ② the perfunctory nature of state responsibility provisions (declaratory provisions), ③ insufficient effectiveness of the industry support system (discretionary acts), and ④ a lack of legal basis for data infrastructure. Accordingly, to ensure that the real estate service industry in the era of AI and digital transformation secures fairness, inclusiveness, and sustainability beyond innovation, this study proposes the following improvement measures to legally underpin the three strategic directions of the 2nd Basic Plan: ‘AI and Digital-based Innovation,’ ‘Strengthening Trust,’ and ‘Consumer-Oriented Approach.’ First, to foster AI/digital-based innovative growth and a fair competitive environment, this study proposes establishing a new concept of ‘Digital Real Estate Services,’ introducing a ‘Regulatory Sandbox for Real Estate Service Innovation,’ and preparing a legal basis for data-driven promotion and control of the market dominance of giant platforms. In particular, it includes measures to create a fair market environment through the legalization of ‘Algorithm Transparency Guidelines’ for platforms and ‘Mandatory Data Sharing,’ as well as plans to improve the quality of employment and expand the social safety net for platform workers (gig workers) in line with the spread of Proptech. Second, for sustainable industry development and inclusive growth, this study suggests creating special provisions for the flexibility of convergent service models, legalizing support for the diffusion of ESG management (ESG excellent business certification and mandatory information disclosure), and strengthening future talent development and support for overseas expansion. Here, ESG elements are interpreted not merely as regulations but as drivers for the industry's ‘future competitiveness’ and the creation of ‘third-wave ripple effects.’ Third, to strengthen public nature and consumer protection, this study proposes establishing special provisions for protecting victims of major real estate accidents (specifying a ‘pre-compensation, post-subrogation’ system), reinforcing regulations to enhance transaction safety and trust, and upgrading the real estate dispute resolution system. Furthermore, as a measure for ‘balanced regional development’ to resolve the service gap between the metropolitan area and local regions, it suggests establishing a ‘Public Real Estate Comprehensive Service Model’ and fostering region-based social enterprises. Ultimately, this study comprehensively prepares legal and institutional countermeasures for social problems that may arise in the process of successfully achieving the “digital transformation of the traditional real estate industry” and the “construction of a consumer-centric high-trust ecosystem.” The proposals of this study are expected to provide practical guidelines for future legislative discussions and serve as an important theoretical basis for subsequent researchers in the field of real estate law to deeply explore new legal issues and consumer protection mechanisms in the AI era. In particular, as the integrated registration system for convergent service models, the state's ‘compensate first, claim reimbursement later’ system for major real estate accidents, and measures to control platform market dominance require urgent policy attention, this study suggests that continuous academic discussion and multidisciplinary research on the legal issues raised herein be revitalized.