不動産仲介業에 있어서 損害賠償責任에 관한 硏究

부동산 중개업자의 손해배상책임과 제도 개선을 연구했다.

1. Introduction The study is to systematize the system of responsibility to cover damages by studying civil and criminal responsibility to cover damages as to real estate, protect people’s property rights by suggesting system improvement plan, and set up fair order of transactions in real estate.

Advanced countries, commonly by organizing mediation system and the system of responsibility to cover damages in laws to systematize, establish positive system of deductibility for responsibility guarantee on mediation and compensation for damages in the level of preventing damages from unforeseen accidents, which shows their conviction on the importance of protecting their fellow countrymen’s property rights.

The study, therefore, in legal examination on civil liability for damages and operation of report and registration system along with real estate mediation accidents, analyzed liability for damages in depth which could occur in brokerage through legal examination on administrative liability for damages by government workers’ negligence and/or fault. 2. Real estate agents’ liability for damages on the clients of real estate The study investigated on the real estate agents’ characteristics, duties, responsibilities, etc and reviewed legal nature of real estate contract.

And it reviewed illegal act responsibility on real estate agents’ civil responsibilities and responsibility on the current laws of real estate. It is needless to say that real estate is important not only in the value of property in human’s social life but also in the aspect of financial usage. Today’s real estate becomes general services on real estate and, due to the recent, rapid change of unstable economic situation of our nation, the public’s concerns on real estate increase and real estate agents’ roles, who are the experts on real estate, become heavier, so the need to reorganize responsibility laws relating to real estate comes to the fore.

Of course, current real estate laws stipulate that real estate agents should confirm and explain objects of mediation and when the mediation is completed write letter of confirmation and explanation of the object of mediation and distribute. And when they cause property damages to others by real estate agents’ negligence and/or fault the damages should be compensated, and guarantee insurance and deductibility or deposit are stipulated to guarantee such a responsibility to cover damages. However, since today’s accidents occurred in transactions in real estate are mostly clients or multiple-victims occurrence, such systems are not good enough yet.

Therefore, need to reorganize laws relating to real estate is suggested. 3. National liability for damages on the real estate agents The laws on licensed real estate agents and repost of real estate transaction defining on real estate agents (hereafter referred to as “laws of licensed real estate agent”) can refer to the laws mixing juridical nature and public nature. Public natures include contents to regulate licensed real estate agents’ activities and regulations of real estate agents’ activities to protect people’s property rights through establishing order of real estate transaction.

It is the system to instruct and foster real estate business soundly by fortifying internal and external competitiveness and inducing specialization of real estate, so when real estate agents try leading mediation business open registration and stamp registration of real estate office are stipulated. Also, registration system regulates all activities disturbing order of real estate transaction to establish fair and transparent real estate transaction order. For example, registration system on real estate transaction is stipulated to prevent speculation in real estate and tax evasion.

Like above, since real estate agents should take regulations such as diverse reports and registrations to lead real estate business, issues of administrative liability for damages such as violation of receipt obligation by government workers’ negligence or fault, violation of complementary measures obligation, violation of processing obligation, violation of obligation issuing certificate of registration, etc can appear. Hence, the thesis, in the aspect of the laws to protect public interests, focused on diverse reports and registration, introduces administrative liability for damages on the real estate agents through legal principles of liability for damages in National Reparation Act. 4.

Conclusion When real estate agents, as to mediation action, damage on property to the parties to a transaction with negligence or fault, they have responsibilities to compensa\te the damages. And when real estate agents damage on property to the parties to a transaction by providing mediation office as the place of mediation action to others, they have responsibilities to compensate the damages. And to lead mediation business in accord with public purposes, reports and registration system charged to real estate agents have clear aspects to act as regulations to real estate agents.

Like this, since real estate agents should take regulations such as diverse reports and registrations to lead real estate business, issues of administrative liability for damages such as violation of receipt obligation by government workers’ negligence or fault, violation of complementary measures obligation, violation of processing obligation, violation of obligation issuing certificate of registration, etc can appear.

Issues of national liability for damages due to government workers’ violation of active deed on report and registration requested by real estate agents to nation or local autonomous entity, especially the issues of national liability for damages due to government workers’ nonfeasance become more important day by day in modern countries. Through juridical review, when government workers violate laws with negligence or fault, th