不動産仲介業의 問題點과 政策的 代案에 關한 硏究

다국어 초록 (Multilingual Abstract)

There has been rapid changes of environment for real estate industry both in home and foreign country. Market for the agents has been opened to the international market and a bill for asset backed has passed the National Assembly. In addition, whole variety of transaction medium, like PC, Internet, etc., has been introduced to the field. Despite all those circumstantial changes, real estate industry itself, by and large, seems to have failed to make a proper adaptation to changes as such.
Now is the time necessary not only to improve many points at issue but also to change the thinking of those agents who work in this field as well as.
Policy alternative that the paper sets forth for the real estate industry lies in the advancement of and strengthening competitiveness of the brokerage. In doing so, agents must come with a quality service, through which they have to make an effort to get a recognition of citizens. It seems that the only way to secure public confidence is to provide customers with high quality service based on the correct and specific information on offerings.
This paper, for the advancement of and strengthening competitiveness of real estate industry, suggests an improvement of already existing systems and establishment of new regulation as well..
1. Improvement of the System
First is to raise the level of brokerage service.
① It is necessary to make the making a contract obligatory.
This, by replacing conventional orally made contract with document oriented system, would clarify the responsibility and obligation of intermediary agent, which in turn leads them to come up with the best service in the end.
② Improvement of the confirming explanatory system.
Agent, paying a close attention to the environment and details of offerings as a specialist, must furnish customers with a detailed explanation in full, through which the service level shall be raised eventually.
The second is to reinforce customer protection measure.
While the regulation to be established at this time include escrow provision, like depositary system for contract deposit and down payment, it is still quite partially adopted. So it seems necessary to introduce a full scale of escrow system as it is used in the United States of America.
The third is to expand business scope of agents.
Limitation on the business scope of agents is not only adverse against the strengthening of the competitiveness of domestic business network while the business is opened to the international market, but also it is also an obstacle in building up the general real estate service system. Thus, practically spcaking, business scope of agents must be expanded as wide as possible. That is, the business scope need to be expanded to include the consignment contract business, receipt of rental fees, real estate leasing and real estate sales, etc. In this case, there must be follow-ups to intensity the qualification standard of agent and training courses to raise the service level on the whole.
The fourth is to make the agent fee self-regulated.
That is, fees, through agreement between customer and agent, must be set on self-regulating basis in principle only with a comprehensive overall limit. In this way, fees from the self regulation may prevent any dispute with customers and encourages competition among agents for the better service, without mentioning of getting a public confidence, all features corresponding to the free market principle.
The fifth is that contract form with a seal of approval must be used only by the authorized agent.
At present, most seal of approval for contract is done by a judicial scrivener. Yet, because the judicial scrivener is not likely able to know money amount in the transaction, contract with a seal of approval is made solely according to the request of a client. For this, the judicial scrivener is practically free from any responsibility but only to make the transaction unnecessarily complicated. Thus, it would be much better to leave making a contract with a seal of approval in the hand of agent and apply close monitoring on that.
The sixth is to activate information network on real estate transaction.
The prerequisite in doing so is to activate exclusive agent contract. For this, it is necessary to set up a measure to provide an incentive to the agent by guiding them to be entitle to agent fees higher than that of general contract. Further to that, it is also necessary to promote the advantage of the exclusive agent contract among public.
The seventh is to intensify the requirement for applicants to take the examination for agent license. For example, as in the USA (1-5 years) and Japan (2 years), it is necessary to require applicants to have a field experience for a given period before taking the examination. As for those who already passed the examination, when they register the office, must be required to have a field experience for a given period.
All these measures eventually help to reduce any accidents in agent contract and also would suppress population overflow of certified agents in the business.
The eighth is to inflict a severe penalty on those agents who have not registered. yet for business.
For the protection of the property right of the citizen, it is necessary to punish unregistered agents with higher degree of penalty as a preventive measure in advance.
In addition, it is also recommended to review the possibility of permanent cancellation of their licenses once discovered.
2. Establishment of New Regulations
Frankly, one must admit that improvement measure only has a limitation in many aspects, including service betterment via strengthening competitiveness of agent, and further specialization, safety and self-regulation. In addition, considering the fact that Real Estate Brokerage Law introduces the system of public trust, which is the certified agent system, it also must set up the position of the certified agent at the same time it guarantees the self regulation under the precondition of public confidence with retaining regulation at mininmum. In addition, there should be a process that deepens the specialization of real estate industry corresponding to the socio-economic conditions in recent time.
In this context, the paper, removed from the existing Real Estate Brokerage Law, but by taking a look at the change into the Certified Agent Law or General Real Estate Transaction Law, suggests policy alternatives for the advancement of real estate industry with a hope to set out a beginning of making the industry as a promising area in the 21^(st) century.

목차 (Table of Contents)

• 目次 = 0
• 第1章 序論 = 1
• 第1節 硏究의 背景 및 目的 = 1
• 第2節 硏究의 範圍 및 方法 = 2
• 第2章 不動産 仲介業의 現況 = 3
• 第1節 不動産 仲介業의 現況 = 3
• 1. 仲介業者의 資格과 登錄 = 3
• 2. 仲介業者의 業務範圍 = 7
• 3. 不動産 去來情報網과 仲介契約 = 9
• 4. 不動産 仲介서비스 = 11
• 5. 仲介手數料 體系 = 14
• 6. 損害賠償制度 = 19
• 第2節 不動産仲介와 關聯하는 不動産業의 實態 = 21
• 1. 不動産仲介業과 關聯 資格制度 = 21
• 2. 專門資格의 範圍와 兼業制限 = 22
• 3. 其他 個別法에 의한 중개서비스의 許容 = 25
• 第3章 不動産 仲介業의 環境變化 = 26
• 第1節 環境變化 = 26
• 1. 産業構造調整과 不動産 仲介業의 變化 = 26
• 2. 不動産市楊의 開放 = 28
• 3. 不動産金融의 多樣化 = 29
• 第2節 不動産 仲介市楊規模의 推定 = 30
• 第3節 環境變化에의 對應 = 33
• 第4節 外國의 仲介制度 = 34
• 1. 美國의 不動産仲介制度 = 34
• 2. 日本의 不動産仲介制度 = 44
• 3. 其他 國家의 不動産 仲介制度 = 49
• 第4章 現行 不動産仲介制度의 問題點과 改善方案 = 52
• 第1節 不動産仲介制度의 問題點 = 52
• 1. 不動産仲介서비스의 水準 = 52
• 2. 消費者의 權利救濟 = 53
• 3. 不動産 仲介業者의 業域 = 54
• 4. 不動産 仲介手數料 = 56
• 5. 檢印契約書 = 56
• 6. 去來情報의 非公開性 = 57
• 7. 公認仲介士 過多 排出 = 58
• 8. 仲介補助員에 대한 管理 統制 不能 = 59
• 第2節 不動産仲介制度의 改善方案 = 60
• 1. 件介서비스 水準의 向上方案 = 60
• 2. 消費者 保護 强化 = 62
• 3. 仲介業者 業務領域據大 = 62
• 4. 仲介手數料 = 67
• 5. 檢印契約書 制度 改善 = 68
• 6. 不動産 去來情報網 活性化 = 69
• 7. 未登錄 仲介業者에 대한 處罰强化 = 69
• 第5章 새로운 法案의 制定 = 71
• 第1節 法案의 必要性 = 71
• 第2節 代替立法의 方向 = 71
• 第6章 結論(政策代案) = 74
• 參考文獻 = 77