아파트시세교란행위의 입법대응방안에 대한 고찰 = A Study on Legislative Countermeasures Against Apartment Market Disturbance Activities

다국어 초록 (Multilingual Abstract)

This study aims to examine effective legislative countermeasures against ‘apartment price manipulation.’ Intelligent price manipulation tactics, such as online collusion and reporting false transaction prices followed by cancellations, undermine the housing market’s credibility, exacerbate financial system risks and residential instability, and threaten the very foundation of the nation. The problem is that, unlike the stock market, the real estate market lacks comprehensive legal grounds to regulate and punish such organized market disruption activities, and there is no mechanism for recovering criminal proceeds or for ongoing supervision. This structural gap acts as a fundamental cause for the recurrence of crime and the infringement of property rights of genuine buyers. Therefore, this study proposes four legislative measures based on the principles of preemptive prevention and strict punishment.
First. To establish strong criminal penalties comparable to the 「Capital Markets and Financial Investment Services Act」, the 「Real Estate Transaction Reporting Act」 must be amended to introduce a new clause prohibiting ‘apartment price manipulation’. Second. Establish a ‘Real Estate Integrated Supervisory Body’ and codify a cooperative framework among relevant agencies to build a system for constant monitoring and integrated investigations. Third. Designate the newly established ‘apartment price manipulation’ as a ‘specific crime’ under the ‘Act on the Regulation of Concealment of Criminal Proceeds’, providing legal grounds to confiscate and recover all property gains obtained through manipulation. Fourth. Introduce a ‘Transaction Completion (Registration Finalized) Based System’ that only discloses confirmed transaction prices for completed registrations, and mandate an ‘Abnormal Transaction Warning Notification Function’ to protect genuine buyers. Through these legal and institutional improvements, the fairness and stability of the real estate market must be restored.