不動産仲介業의 活動과 改善策에 관한 硏究

부동산중개업의 활동 현황과 개선책을 연구했다.

Socially, politically, and in terms of national consciousness, today's real estate environment has undergone significant changes. There is now a new perception of the limitations in operation for brokerages under the present system. Attempts to reform the real estate brokerage business have focussed on securing transparency in operations, enhancing protection of consumer rights, and improving competitiveness in the real estate business.

However, it is doubtful whether transparency in the real estate business can be secured through discretionary regulation without making brokerage contracts compulsory, and preparatory policies have yet to be concluded for transaction irregularities that lack a sufficient safety apparatus, like escrow. In addition, while duties for brokerage companies have expanded, structural problems like limitations on additional business are impeding construction of comprehensive real estate service systems. Moreover, an unreasonable commissions system is still in place.

An enhanced education program that can produce professional brokers has not yet been established, and enhancement of competitiveness through promotion of professionalism in the business will not prove easy. This is a pressing issue for improvement of the system. First, to increase transparency in transactions, conclusion of brokerage ordering contracts must be made compulsory. This can help put exclusive real estate contracts into genuine practice, and by shifting real estate practices from oral to written ones, can clearly state duties and responsibilities for real estate brokers and induce them to provide better services.

Furthermore, in order to promote better services, it is desirable to introduce a checklist system. The checklist has been considered as being able to improve services without causing significant limitations on current transactions, and has been evaluated as best for improving legality in transactions. For the enhancement of consumer protection, introduction of an escrow system and the damages recovery system should also be examined. An escrow system needs to be introduced as a safe transaction apparatus that can provide prior prevention of the continuously increasing brokerage problems.

The damages recovery system, as a subsequent measure for consumers that have already experienced damages from brokerage disputes, needs further improvements in order to provide more adequate compensation, and the limited liabilities amount for recovery of damages must be adjusted without discrimination between companies and individuals. This can induce upsizing for brokerage businesses. It is necessary to expand the areas of duty for real estate brokerages without discrimination between companies and individuals in order to improve competitiveness in real estate services.

After consideration of policies for the undesired side effects of expansion, it is necessary to permit this expansion, and, in order to prepare for the experience and specialized knowledge required in new fields of business, this expansion must be accompanied by enhancement of association education and enhancement of broker qualifications. Additionally, the outdated brokerage commissions system must be contracted from its present, overly complex nine levels down to three or four levels, to promote understanding among consumers.

Though the commissions rate must be adjusted to a reasonable level, limited amounts must be abolished, and things must be arranged to reduce unnecessary friction between consumers and brokers. As this is a large part of the interests and concerns of the public, these interests and concerns should be considered through public hearings, and the breadth of raises should be decided. Production of domestic real estate franchises, in order to improve competitiveness in the business, as well as the activation of a transaction information network and introduction of designated financial institutions for storage of the contracted amount should be additionally examined.

For the real estate business to gain a place as a promising industry in the 21st century, it must effectively and proactively respond to the changes in its surrounding environment including industrial restructuring, and liberalization of the market. This should be the first step in improvement of the real estate brokerage system, and improvement of the competitiveness of brokerages, and can contribute to advancement in the provision of brokerage services. In order for persons employed in the brokering business to gain the trust of consumers, employees must provide good services, i.e. accurate and detailed information about the brokered property and safe transactions.