형사정책의 시각에서 바라본 상가건물임대차보호법상 벌칙규정 도입에 관한 연구

Studies on Introduction of Penal Provisions into Commercial Building Lease Protection Act

Ever since Commercial Building Lease Protection Act was established, the act has indeed contributed to protecting the rights of the lessees to a certain extent. However, most of major business areas have not been benefited by the act as it immediately faced problems with the scope of its application; furthermore, the rights of lessors have been completely secured whereas the rights of lessees have been utterly ignored after all types of expedients and evasions of the law became rampant. Although the Article 15 of the said act stipulates that all provisions are mandatory, the act currently fails to offer actual effectiveness to protect the rights of lessees in reality. Based on these grounds, introduction of the penal provisions needs to be thoroughly reviewed in order to procure realistic effectiveness of the Commercial Building Lease Protection Act. For relevant penalties, fines for negligence may be considered as the means of punishment as well as administrative order punishment. As long as the punishments are not deemed excessive, the penalties need to be considered, however, it is deemed appropriate to review the enforcement of the fines in principle. Moreover, from the perspective of the principles in the respect for human rights as well as decriminalization, it will also be desirable to consider the enforcement of the fines. Further studies need to be conducted if punishments and fines for negligence should be concurrently implemented rather than reviewing whether punishments or fines for negligence are more appropriate over the other.