임대차분쟁조정제도에 관하여 (About the Lease Dispute Mediation Scheme)

서지정보

· 발행기관 : 충북대학교 법학연구소
· 수록지 정보 : 법학연구 / 33권 / 2호 / 191 ~ 222페이지
· 저자명 : 윤기택

초록

The Lease Dispute Mediation Committee saw that it is desperately needed in our society and is currently playing a big role. In the lease dispute system, actual operational problems have been exposed, and it is necessary to consider ways to improve them. The above discussions are summarized as follows.
First, the case in which the respondent refuses the applicant's application is also a reason for dismissal. In this case, even if the respondent does not participate in the mediation procedure, the mediation committee must propose a mediation proposal for the relevant case. Later, when the applicant tries to resolve a dispute by trial, the litigation period can be shortened by submitting this mediation proposal, and the respondent's participation in mediation can be increased.
Second, even after the establishment of the lease dispute settlement, if the mediation proposal is not implemented by both parties, compulsory execution cannot be made. If the mediation of the Lease Dispute Mediation Committee is established as in the Labor Relations Commission's reconciliation report, it will be efficient to eliminate the procedural hassle of filing a lawsuit for compulsory execution by giving the mediation the same effect as judicial reconciliation.
Third, under the current law, it is difficult for the tenant to exercise the right to claim damages because there is only a request for viewing the fixed date as a method of checking whether the lessor resides. Considering this, there is a need for a system in which tenants can check whether the lessor resides or not through the perusal of the moving-in household.
Fourth, an agreement may be reached by the parties in the process of mediation, or by persuading the two parties and encouraging them to agree.
In this case, it is necessary to stipulate that an agreement is reached immediately without other cumbersome procedures.
Fifth, the respondent's refusal to mediate accounts for the largest portion of the actual mediation applications received for the lease dispute settlement system. If the respondent refuses, the applicant has no choice but to proceed with a lawsuit, and a lot of time and personal and social costs increase for dispute resolution. In particular, considering that most lease disputes are non-party cases, disputes are intensified due to emotional problems between the parties, and the parties do not have much profit from the lawsuit, the lawsuit will likely undergo mediation. Therefore, as a solution to this, the introduction of coordinated prepositional can be considered. Or as an alternative, I think it is necessary to introduce a mediation proposition only for disputes over rent or deposit increases and decreases, and premium disputes, rather than adjustment preposition for all deliberations and adjustments of the Lease Dispute Mediation Committee stipulated in the law.
Sixth, the Lease Dispute Mediation Committee is established by the Korea Legal Aid Corporation, the Korea Real Estate Agency, the Korea Land and Housing Corporation, and the Seoul Metropolitan Government, which are local governments, respectively. For this reason, violations of jurisdiction and overlapping jurisdictions between these dispute settlement agencies may occur. Therefore, it is necessary to unify the business processing of dispute mediation agencies, establish a cooperative system for mutual information sharing and connection, and develop related systems.
As more than five years have passed since the current lease dispute settlement system was introduced, several problems have been exposed in practice, and in this paper, measures to improve these problems were presented. Ultimately, it is necessary to improve and supplement the above problems through the revision of related laws.

영어초록

The Lease Dispute Mediation Committee saw that it is desperately needed in our society and is currently playing a big role. In the lease dispute system, actual operational problems have been exposed, and it is necessary to consider ways to improve them. The above discussions are summarized as follows.
First, the case in which the respondent refuses the applicant's application is also a reason for dismissal. In this case, even if the respondent does not participate in the mediation procedure, the mediation committee must propose a mediation proposal for the relevant case. Later, when the applicant tries to resolve a dispute by trial, the litigation period can be shortened by submitting this mediation proposal, and the respondent's participation in mediation can be increased.
Second, even after the establishment of the lease dispute settlement, if the mediation proposal is not implemented by both parties, compulsory execution cannot be made. If the mediation of the Lease Dispute Mediation Committee is established as in the Labor Relations Commission's reconciliation report, it will be efficient to eliminate the procedural hassle of filing a lawsuit for compulsory execution by giving the mediation the same effect as judicial reconciliation.
Third, under the current law, it is difficult for the tenant to exercise the right to claim damages because there is only a request for viewing the fixed date as a method of checking whether the lessor resides. Considering this, there is a need for a system in which tenants can check whether the lessor resides or not through the perusal of the moving-in household.
Fourth, an agreement may be reached by the parties in the process of mediation, or by persuading the two parties and encouraging them to agree.
In this case, it is necessary to stipulate that an agreement is reached immediately without other cumbersome procedures.
Fifth, the respondent's refusal to mediate accounts for the largest portion of the actual mediation applications received for the lease dispute settlement system. If the respondent refuses, the applicant has no choice but to proceed with a lawsuit, and a lot of time and personal and social costs increase for dispute resolution. In particular, considering that most lease disputes are non-party cases, disputes are intensified due to emotional problems between the parties, and the parties do not have much profit from the lawsuit, the lawsuit will likely undergo mediation. Therefore, as a solution to this, the introduction of coordinated prepositional can be considered. Or as an alternative, I think it is necessary to introduce a mediation proposition only for disputes over rent or deposit increases and decreases, and premium disputes, rather than adjustment preposition for all deliberations and adjustments of the Lease Dispute Mediation Committee stipulated in the law.
Sixth, the Lease Dispute Mediation Committee is established by the Korea Legal Aid Corporation, the Korea Real Estate Agency, the Korea Land and Housing Corporation, and the Seoul Metropolitan Government, which are local governments, respectively. For this reason, violations of jurisdiction and overlapping jurisdictions between these dispute settlement agencies may occur. Therefore, it is necessary to unify the business processing of dispute mediation agencies, establish a cooperative system for mutual information sharing and connection, and develop related systems.
As more than five years have passed since the current lease dispute settlement system was introduced, several problems have been exposed in practice, and in this paper, measures to improve these problems were presented. Ultimately, it is necessary to improve and supplement the above problems through the revision of related laws.

참고자료

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