不動産 仲介業法 改善에 관한 硏究

부동산중개업법의 운영상 문제와 법 개선방안을 연구했다.

Since the introduction of che system of certified pubLicBroker 3 years has passed and during this short span of year chepositive as well as negative aspects of this system made its pre-sence. Despice che practice of unbridled issue of llcense throughLaissez-faire, and contention of negative though the arguementthat real estate market can not be controlled now gave way tobetter assertion gradually. In comparison wich other legal functions the system of cer-tified public real estate broker has a short history howeverall the people concerned in the fields of academy and businessare striving to find a point of consensus and this is very encour-aging sign.

Now it is a high time for us to firmly establishthe position oE certified public broker for real estate whichshall be trusted by all the nation so that orders in the tran-sactions of real estate, effective distribution of resourcesof real estate, Protection of right of property for the people and enhancement of benefit of the clients usi-ng this system canbe secured. With the focus on the points of desirable directions for thesystem of certified public broker of real estate I am going todescribe very briefLy on the desirable.

direction for revisi-onof the law for borkerage business of reaL estate as the following: Firstly, a system which can impart the feeling of pride tothe certified public broker of real estate is required; At the moment the system is comprised of dual elements ofcertified public broker and borker and under the current systemvarious measures can be de iberated and what is required is moredetailed definition of the scope of business with the natureof fostering the business and limit contai-ned in the law.

For instance in the future those who wish to become a pro-fessional certified brokers should spend 2-3 years at the broker'soffice on a probational basis then through the passing of testfor certified public broker they should become the certifiedbroker. Innovation of system in this manner is required. therefore a systern whereby only certified public broker canhandle the business of brokerage should be set up. Furthermorethe right to start on the business should be given only to thosewho spend some time as assistance broker for about 2 years by theprovlsion of interim regulations.

Secondly, to realize the objective of maintaining hi-sh levelof qualification by the certified public brokers the Associationshould sponsor instrouctions of higher order and those who arequalified to become certified public brokers should be subjectedto post-facto management so that they can maintain their qualityand dignity even when Chey failed Co start on their own business. For example at the interval of 3-5 years a certain trainingsbeing sponsored by the Association should be given to these peopleand a system whereby the suspension or cancellation of the qual-ification according to the performance in attending to these train-ings can be made by the Association should be introduced.

Thirdly, the assistant brokers should be subjected to train-ing which is equivalent to trainings for certified brokers inquality at least once a year and chose who fail to attend to suchtraining should be stopped from carrying on their business asassistant brokers. The training for these assistant brokers is considered asessential elements because these people would actually engagein successful completion of brokerage dealigns through theirassisting activities.

fourthly, in our country as yet no system fo.r explainingthe subject matter for the dealing with confirmation with respecto legal relationship for the above mentioned subject has been established therefore for early establishment of this systemalong with the training for the brokers the system as mentionedabove should be introduced and the classification between thecompulsory subject confirmation and expl lanation paper and discre-tional subject confirmation and explanation should be made. Furthermore Law which enables certified public broker inenteri-ng not only into general contract for real estates butalso special and exclusive contracts being requested by the clientsshould be formulated.

Fifthly, substantial portion of business now at the hand ofcompetent authority should be delegated to the Association sochat removal of unnecessary processes and more effective handlinof licensing business can be secured. The benefits and rights of the members of the Associationcan be better protected when the business concerning controls,renewal of license, administrative actions and other relatedbusiness to borkerage. Sixthly, Revision of the structure for borkerage changeshould be made reflecting reality. First of all, the currentrate of the change should be raised and to enhance the qualityand quantity of the.

service by brokers requesting for the actualcost incurred in this business should be guaranteed on a discre-tiona1 basis.

Finally for the registration of the business when a newbusiness license is granted to a broker the membership of theAssociation should be handled by computer and being notified to the Association co the same effect with written notice andthis process should be considered as an action of registration.For approval of new license the system should be operated withthe Association as its center accordingly the double approval tothe application for the license and cancellation of the licenseshouLd be handled by referring the question of disqualificationto the Association and along wich this measures Eor securingpublic nature of the Association should be provided.