상가건물임대차보호법의 법정책과 보호범위 = The policy and the scope of protection of Business Building Lease Protection Act

다국어 초록 (Multilingual Abstract)

Business Building Lease Protection Act which was enacted on December 29, 2001 and enforced on November 1, 2002. has the purpose to protect petty leaseholder of “Business Building”. According to common opinion depends its purpose that a Leaseholder be social and economic weak. But from my viewpoint, to protect leaseholder of Business Building by the Act is owing to unfair circumstance of concluding of leasing contract between leaseholder and landlord, not simply owing to leaseholder’s being social and economic weak.
The Act shall apply to a “Business Building” as the building that can be registered in Business Register as a business place according to the concerned provision of Tax Acts and restrict the scope of application by the sum of the deposit money. In policy-planning viewpoint the Act has Problems of the lack or the excess of protection. The overprotection is to protect juridical person and organization. In contrast, the deficiency of protect is not to protect leaseholder who can be not registered in Business Register. Democratic Labor Party argued that the Limits of application should be removed in order to enlarge the range of protection by the Act. But according my study there is no necessity that the Act should be reformed.

목차 (Table of Contents)

• Ⅰ. 서론
• Ⅱ. 상가건물임대차보호법의 법정책 - 입법목적과 정당화 근거 -
• Ⅲ. 상가건물임대차보호법의 보호범위
• Ⅳ. 결론에 갈음하여
• 【참고문헌】
• Abstract