임대차 분쟁조정제도의 집행력 강화에 관한 연구

Abstract

As society changes and develops rapidly, we can find not a few cases that some social systems do not support in many places. In the real estate lease relationships, the disputes between the two parties increased in recent years, and the Lease Dispute Mediation Committee was established through the revision of the Housing Lease Act and the Commercial Lease Act in 2019. However, the rate of the respondents‘ participation in the lease dispute settlement system is relatively low, and many mediation cases are often dismissed. The reason why the respondents participation rate is low is due to the lack of understanding of the mediation system. Previous studies argued that as applicants’ willingness to participate in the mediation is low and there is no way to enforce it, the mediation pre-emptionism should be introduced. This study suggests that in case both parties participate in a mediation, agree to the mediation plan and write up a mediation letter, that is, not only if there is an agreement to accept the enforcement of the mediation letter, the trust of the lease dispute mediation system as well as the utilization of the system should be increased by having the same force as a judicial reconciliation for all parts of the agreement, not only if there is an agreement to accept the enforcement of the mediation letter.