不動産仲介制度의 改善方案에 關한 硏究 : 制度의 史的 考察을 中心으로 = Research for improving measures of the real estate brokerage system

다국어 초록 (Multilingual Abstract)

In Korea the system of real estate brokerage originated from the commission agent and the middle man, in the period of the Korea Kingdom.
Examining the historical concept and process of change of this system, the commission agents did consignment Sale and played the role of the countpart with the foreign trade in the port-opening time. The middle man mainly acted a part of the goods brokerage, and the middle man who dealt with the sales of land and buildings was called Kasung (a person who lets someone buy and sell houses).
Gradually the middle man played a central part of borkerage activities, the law of the commission agent and the middle man, which was established in 1890. restricted the middle man's activities. After that, the system of the broker certificate made the certificate requisites become complicated. In the colonial period by Japan, the system of the commission agent and the middle men was abolished, and the system of real estate brokerage became a free job, with a new title, Pog-dog-bang (a real estate agency).
When after Korea liberation, the law of real estate brokerage was legislated (September 23, 1961. Law No. 726), the Korean Government expected too much of it, but the speculations of real estate, fabrication, and disorder continued to happen. Consequently the new law of real estate brokerage was established and proclaimed again (December 30, 1983. as Law No. 3676): the certified public broker system of real estate became effective.
In the law, the certified public broker of real estate is forced to take an examination to acquire the certificate under strict conditions, unlike the non-certified brokers. Moreover the compensation for damages, which were not in charge of the existing real estate brokers, are described legally and the social responsibilities are emphasized much.
Comparating Korean system with other nations, Japan is on the system of the qualification (similar to Korean system) managed by the Ministry of Construction and America subdivides the real estate brokerage into various fields and made it specialite much more. Especially the organization of real estate brokerage is so systemically constituted that the business of real estate brokerage is proceeding speedily and unobstructively. Also, more than 500 colleges have some curicula on real estate to train the specialists and the management of real estate business is developed under the auspieces of the country.
In England, the surveyor played the roles of real estate brokerage, building inspection, and appraisal, and its qualification test is very complicated. The degree of real estate management is bestowed at colleges as in America as well as the requisites for the qualification are very rigid. In Taiwan, the qualification system of real estate brokerage like the certified broker, the land appraiser and the certified identifier, is not established yet. However, the authorized office in each county administrative organ deals with all the businesses concerning real estate.
As you know from the statements mention above, there are various problems in the Korean brokerage system of real estate in comparison with other nations.
Here the reporter wants to make eight suggestions for improvement.
First, the real estate brokers lack in moral sense as a professional. The real estate brokerage requires high-leveled sociality and public benefit, but It is a serious problem that some brokers are lacking in the professional consciousness. At this, the Association of real estate brokerage helped them recognize the right professional morality by taking public informations and training at any time.
Second, the problems in the education system for the realty brokers. The korean training for the real estate broker is too formal. Them there will have to be correspondence course of education for the quality improvement and the information exchange on real estatebroking.
Third, the dualization of the existing brokerage system. In fact, the discrimination between the certified public broker and the non-certified broker is not clest in a viewpoint of the affairs. Therefore the existing systems of real estate brokerage should be unified by making all the public brokers take a course of the qualification system or by retiring the brokers themselves by means of making a difference in their trade goods.
Fourth, the range of the certified public brokers' business has to be extended. While the non-certified brokers are permitted to take any other jobs else, the certified public brokers are required to do only a simple business.
This is a in-consistency in point of letting them nor show their abilities fully. Consequently the range of their business should be enlarged into Subrogative application of real estate registration, and the agency business of the permission and the application in case of land trade.
Fifth, the terms relating to this field are not systematic. Similarity in the broker of real estate and the intermediary is to be revised as soon as possible.
Sixth, the problems in producing a great deal of the certified public brokers. Production of lots of the certified putlic brokers resulted in the quality depreciation, the degradation of the social standing and the income decrease of all public brokers of real estate. As a counterplan, there are limits of school career, preliminary examinations, and removing unqualified man by taking a training.
Seventh, realization of a commission: now in Korea, the commission for the real estate brokerage is less than one percent of the trade goods. Afterward, it should be more than five percents like other nations.
Eighth, the use of the medical care insurrance. Although there are actually legal defects, the government try to consider its expansion of operation to the real estate brokers from the standpoint of the public welfare.

목차 (Table of Contents)

• 目次
• 第1章 序論 = 4
• 第1節 硏究의 目的 = 4
• 第2節 硏究의 範圍와 方法 = 5
• 第2章 不動産仲介制度의 史的背景 = 6
• 第1節 居間制度 = 9
• 1. 居間의 發達過程 = 9
• 2. 居間의 性格 = 12
• 3. 居間의 資格 = 15
• 4. 居間과 商業的 機關과의 關係 = 15
• 5. 居間의 義務 = 16
• 第2節 福德房의 出現 = 17
• 第3節 不動産紹介營業所의 亂立 = 18
• 第4節 公認仲介士制度의 施行 = 20
• 第3章 不動産仲介業法制定 = 21
• 第1節 法制定의 目的 = 21
• 第2節 不動産仲介業者의 種別 = 25
• 第3節 仲介對象物 = 26
• 第4章 公認仲介士制度 = 31
• 第1節 公認仲介士의 性格 = 31
• 1. 公認仲介士의 機能 = 31
• 2. 公認仲介士의 責任性 = 31
• 3. 公認仲介士의 社會的 位置와 役割 = 32
• 第2節 公認仲介士의 資格 = 33
• 1. 公認仲介士 資格要件 = 33
• 2. 公認仲介士 資格試驗 = 34
• 第3節 公認仲介士와 商業的 機關과의 關係 = 37
• 第4節 公認仲介士의 義務 = 38
• 1. 公正한 業務處理義務 = 39
• 2. 仲介物件의 確認, 說明義務 = 40
• 3. 不動産仲介業協會의 定款遵守義務 = 40
• 4. 敎育의 義務 = 41
• 5. 契約書 등에 署名, 捺印義務 = 41
• 6. 損害賠償責任義務 = 41
• 7. 帳簿의 備置義務 = 42
• 8. 商號表示의 義務 = 43
• 第5章 外國의 不動産仲介制度 = 44
• 1. 日本의 不動産仲介制度 = 44
• 2. 美國의 不動産仲介制度 = 47
• 3. 英國의 不動産仲介制度 = 49
• 4. 오스트레일리아의 不動産仲介制度 = 51
• 5. 西獨의 不動産仲介制度 = 52
• 6. 캐나다의 不動産仲介制度 = 53
• 7. 뉴지랜드의 不動産仲介制度 = 53
• 8. 自由中國의 不動産仲介制度 = 54
• 第6章 結論 = 56
• 表目次 = 62
• 參考文獻 = 70
• Summary = 72