독일 베를린주 임대차 규제에 관한 공법적 검토

Abstract

Criticism has been raised over the legislative process to the extent that the revised legislation on the so-called Three Rent Acts in 2020 is called legislative dictatorship. The rent law is the subject of civil law, but from public law perspective, it can be regarded as one of regulatory legislations as part of a kind of housing policy. It can be said that it is a very important element of evaluation of the regulatory legislation whether it has undergone an appropriate process of deliberation based on our economic reality.
 This study deals with the regulation on the rent control in Berlin, which has recently become a problem in Germany, and the decision on unconstitutionality of the German Federal Constitutional Court. The Berlin’s rent cap is a very radical legislative attempt comparable to our Three Rent Acts. But, it is difficult to compare them in that German civil law as a whole, because of regulations that are not in Korean civil law.
 The above decision has a simple logical structure that the Act that introduced the Berlin’s rent cap is unconstitutional because the federation used competitive legislative authority completely. However, by devoting very long pages to explaining the German legislative history on social rent law, it warns that the rationality and prudence of legislation are important.
 Through the discussion on German rent regulations, the level of avoiding ideological discussions shown by German law, the systematic and balanced German civil law system, and the importance of a step-by-step and unified response to housing rent regulation can be seen. The level of Korean law has already well developed for a long time, and it is exceeding the level of simply translating foreign law. Therefore, it is silly to imitate German legislation without analyzing or deliberating on our economic situation.