不動産仲介業의 問題點과 政策的 代案에 關한 硏究

부동산중개업의 문제점을 진단하고 정책적 대안을 제시했다.

There has been rapid changes of environment for real estate industry both in home and foreign country. Market for the agents has been opened to the international market and a bill for asset backed has passed the National Assembly. In addition, whole variety of transaction medium, like PC, Internet, etc., has been introduced to the field. Despite all those circumstantial changes, real estate industry itself, by and large, seems to have failed to make a proper adaptation to changes as such. Now is the time necessary not only to improve many points at issue but also to change the thinking of those agents who work in this field as well as.

Policy alternative that the paper sets forth for the real estate industry lies in the advancement of and strengthening competitiveness of the brokerage. In doing so, agents must come with a quality service, through which they have to make an effort to get a recognition of citizens. It seems that the only way to secure public confidence is to provide customers with high quality service based on the correct and specific information on offerings. This paper, for the advancement of and strengthening competitiveness of real estate industry, suggests an improvement of already existing systems and establishment of new regulation as well.. 1.

Improvement of the System First is to raise the level of brokerage service. ① It is necessary to make the making a contract obligatory. This, by replacing conventional orally made contract with document oriented system, would clarify the responsibility and obligation of intermediary agent, which in turn leads them to come up with the best service in the end. ② Improvement of the confirming explanatory system. Agent, paying a close attention to the environment and details of offerings as a specialist, must furnish customers with a detailed explanation in full, through which the service level shall be raised eventually. The second is to reinforce customer protection measure.

While the regulation to be established at this time include escrow provision, like depositary system for contract deposit and down payment, it is still quite partially adopted. So it seems necessary to introduce a full scale of escrow system as it is used in the United States of America. The third is to expand business scope of agents. Limitation on the business scope of agents is not only adverse against the strengthening of the competitiveness of domestic business network while the business is opened to the international market, but also it is also an obstacle in building up the general real estate service system.

Thus, practically spcaking, business scope of agents must be expanded as wide as possible. That is, the business scope need to be expanded to include the consignment contract business, receipt of rental fees, real estate leasing and real estate sales, etc. In this case, there must be follow-ups to intensity the qualification standard of agent and training courses to raise the service level on the whole. The fourth is to make the agent fee self-regulated. That is, fees, through agreement between customer and agent, must be set on self-regulating basis in principle only with a comprehensive overall limit.

In this way, fees from the self regulation may prevent any dispute with customers and encourages competition among agents for the better service, without mentioning of getting a public confidence, all features corresponding to the free market principle. The fifth is that contract form with a seal of approval must be used only by the authorized agent. At present, most seal of approval for contract is done by a judicial scrivener. Yet, because the judicial scrivener is not likely able to know money amount in the transaction, contract with a seal of approval is made solely according to the request of a client.

For this, the judicial scrivener is practically free from any responsibility but only to make the transaction unnecessarily complicated. Thus, it would be much better to leave making a contract with a seal of approval in the hand of agent and apply close monitoring on that. The sixth is to activate information network on real estate transaction. The prerequisite in doing so is to activate exclusive agent contract. For this, it is necessary to set up a measure to provide an incentive to the agent by guiding them to be entitle to agent fees higher than that of general contract. Further to that, it is also necessary to promote the advantage of the exclusive agent contract among public.

The seventh is to intensify the requirement for applicants to take the examination for agent license. For example, as in the USA (1-5 years) and Japan (2 years), it is necessary to require applicants to have a field experience for a given period before taking the examination. As for those who already passed the examination, when they register the office, must be required to have a field experience for a given period. All these measures eventually help to reduce any accidents in agent contract and also would suppress population overflow of certified agents in the business. The eighth is to inflict a severe penalty on those agents who have not registered. yet for business.

For the protection of the property right of the citizen, it is necessary to punish unregistered agents with higher degree of penalty as a preventive measure in advance. In addition, it is also recommended to review the possibility of permanent cancellation of their licenses once discovered. 2. Establishment of New Regulations Frankly, one must admit that improvement measure only has a limitation in many aspects, including service betterment via strengthening competitiveness of agent, and further specialization, safety and self-regulation.

In addition, considering the fact that Real Estate Brokerage Law introduces the system of public trust, which is the certified agent system, it also must set up the position of the certified agent at the same time it guarantees the self regulation under the precon