부동산 중개제도의 활성화를 위한 법적 연구

부동산 중개제도 활성화를 위한 법적 방안을 연구했다.

Korea is a country with serious real estate problems. In particular, the phenomenon of being buried in a house for self-ownership caused abnormal real estate transactions and became a social problem. Apart from such public interest in real estate, there were many changes in real estate transactions from the late 1960s to the 1970s due to economic growth and social development. In order to guarantee the right to a human life stipulated by the Constitution, food, clothing, and shelter must be resolved. Among them, housing that falls under the state corresponds to real estate, and an institutional arrangement must be provided for transactions.

The system created for this is the real estate brokerage system. The current real estate brokerage system has been established after a long history of this system. The real estate brokerage business in Korea officially began at the end of the 19th century when related laws came into effect. The law for the real estate brokerage business started from the 'Owner Housing Regulations' in 1890, and in 1922, during the Japanese colonial period, it had been regulated by the 'Rules for the Purpose of Introduction Business' enacted by the Gyeonggi-do Ordinance No. 10 of the Japanese Government-General of Korea.

After liberation, the 'Introduction Business Act' was enacted in 1961, and after eight years of discussion on the revision of the 'Introduction Business Act' from 1975, the previous 'Introduction Business Act' was abolished in 1983 and a new 'Real Estate Brokerage Business Act' was enacted. In 2005, the 'Real Estate Brokerage Act' was completely revised, and the expulsion of the law was changed to the 'Act on Business and Real Estate Transaction Reporting of Certified Brokerage'. In this way, the real estate transaction qualification system has been stipulated in the law.

Certified brokers are produced through qualification tests because they require specialized knowledge in real estate transactions in that they are a professional qualification system as a national qualification. In the 21st century, as real estate transactions became active several times and real estate prices soared, laws and policies became stricter. Nevertheless, as several accidents occurred in real estate transactions, the damage to the people increased, and the role of licensed real estate agents became more important. However, as the number of licensed real estate agents increases, the system needs to be improved.

In order to grasp the problems of the real estate brokerage system in Korea, it is also important to review the real estate brokerage systems of the United States, the United Kingdom, and Japan from a comparative perspective to obtain implications. Introducing the advantages of foreign real estate brokerage systems will help develop the real estate brokerage system in Korea and increase public trust in the real estate brokerage system. The real estate market is also changing as society changes and laws and institutions change accordingly in the trend of the times. The real estate brokerage system must follow the change in line with this to reduce and prevent real estate brokerage accidents.

In particular, as the number of licensed real estate agents increases, some lack of expertise occurs, which is a problem in real estate transactions. In order to solve these problems, the "Act on Business and Real Estate Transaction Reporting of Certified Brokerage" has been revised 14 times. However, there has been controversy, including the name of the law, and many problems such as the real estate transaction reporting system, brokerage fees, certified brokerage qualification tests, excessive emission of certified brokers, and formal practical training have been pointed out, and improvement measures are constantly being raised.

In particular, licensed real estate agents are professional qualifiers who are engaged in real estate transactions and play important roles in the real estate market, and at the same time play a role in protecting the national economy and property rights of the people. As the cultivation of the professionalism of licensed real estate agents has become an important factor, it is necessary to improve the quality of licensed real estate agents and improve the licensed real estate agent system. In the online era, a new type of market is emerging using platforms in various areas.

This phenomenon can be seen in the form of the platform gradually becoming established in the real estate brokerage system. For the stable development of the real estate brokerage system, it is necessary to analyze and identify problems that have emerged in the current system and to prepare improvement measures. In the reality that a high-level information society is developing, the real estate brokerage system also needs to establish a real estate transaction information network and integrated real estate services. In addition, it is necessary to supply and demand appropriate personnel by controlling the increasing number of licensed real estate agents.

In addition, it is necessary to expand the method of calculating brokerage fees and the device for protecting brokerage services. 우리나라는 부동산 문제가 심각한 국가이다. 특히 자가소유를 위한 주택에 매몰되는 현상은 비정상적인 부동산거래를 유발하여 사회문제가 되곤 하였다. 이렇게 부동산에 대한 국민적 관심사와는 별개로 1960년대 말부터 1970년대에 걸쳐 경제성장과 사회 발전으로 인하여 부동산거래에는 많은 변화가 나타났다. 헌법이 규정하고 있는 인간다운 생활을 할 권리를 보장하기 위해서는 의식주가 해결되어야 한다. 이 중에서 주에 해당하는 주택은 부동산에 해당하는 것으로 거래를 위해서는 제도적 장치가 마련되어야 한다. 이를 위하여 만들어진 제도가 부동산 중개제도이다. 이 제도는 오랜 역사를 거쳐서 현행 부동산 중개제도가 정착하였다. 우리나라의 부동산중개업은 19세기말부터 관련법이 시행되면서 공식적으로 시작되었다. 부동산중개업을 위한 법은 1890년 ‘객주거간칙’에서 출발하여, 일제강점기이었던 1922년에는 조선총독부 경기도령 제10호로 제정된 ‘소개 영업 취지에 규칙’에 의하여 규율되어 왔었다.

해방 후에는 1961년 ‘소개영업법’을 제정하였고, 1975년부터 ‘소개영업법’ 개정에 대한 논의 끝에 8년이 지난 1983년 종전의 ‘소개영업법’을 폐지하고 새로이 ‘부동산중개업법’을 제정하였다. 2005년에는 ‘부동산중개업법’을 전부 개정하여 법률의 제명을 「공인중개사의업무및부동산거래신고에관한법률」(이하 ‘공인중개사법’)로 변경하였다. 이렇게 부동산거래에 있어서 공인중개사 자격제도가 법에 명문화하였다. 공인중개사는 국가자격으로 전문자격사제도라는 점에서 부동산거래에 전문적 지식을 요구하기 때문에 자격시험을 통하여 배출된다. 21세기 들어오면서 여러 차례 부동산 거래가 활발해