주택임대차보호법상 계약갱신청구권과 임대료 인상률 제한에 관한 논의

A discussion on the right to request contract renewal and the restriction of rent increase rate under the Housing Lease Protection Act

Housing, which is one of the three essential elements for a person's life, is one of the basic goods for a human life, and housing stability is a basic right that must be guaranteed to everyone. In order to ensure housing stability, Korea has related regulations in the Housing Lease Protection Act, a special corporation of the Civil Act. Lease contracts fall under the judicial domain between landlords, tenants, and private individuals, but they have been regulated in the form of state intervention through the Housing Lease Protection Act for the special form of the domestic housing market, such as leasehold rights, the importance of housing stability, and the protection of tenants. In the 1980s, when the Housing Lease Protection Act was enacted, it was enacted for the purpose of protecting rental deposits, but was revised to stabilize the housing market as society changed and developed. The Housing Lease Protection Act, revised in 2020, introduced the right to request contract renewal and stipulated the increase in rent that could not increase the deposit or rent by more than 5% when renewing the contract. The revised Housing Lease Protection Act, which aims to protect tenants who are relatively economically weak, focuses only on the protection of tenants, raising equity issues as lessors who must be protected under the Housing Lease Protection Act are relatively damaged. Despite the lack of regulations explicitly restricting the exercise of property rights by landlords, the exercise of property rights is partially restricted, and it also reveals some limitations in achieving the main purpose of the Housing Lease Protection Act, which is to stabilize the residential environment of tenants. The problems of the Housing Lease Protection Act revised in 2020 are as follows. The introduction of the contract renewal right violates the principle of private autonomy, violates the principle of trust protection due to the introduction of the contract renewal right, violates the principle of private autonomy and the freedom to set the other party to the contract for up to four years, violates the principle of protection of trust due to the application of negative retroactive legislation, and violates the rule of excessive prohibition stipulated in the Constitution by infringing on the landlord's property rights. These problems also appear to be a phenomenon in which jeonse fraud increases rapidly, rental objects decrease, and jeonse prices soar. Focusing on these problems, this article aims to find a solution after reviewing the problems related to the right to request contract renewal and the monthly rent ceiling under the Housing Lease Protection Act.