Abstract

In Korea, self-employed people account for about 24% of the total number of employed people, so the proportion of them is especially high when compared to the world. Most of these self-employed businesses operate as tenants, but on May 13, 2015, five provisions were newly established in the Commercial Building Lease Protection Act, which mainly protects the opportunity to recover the premium, and on October 16, 2018, protection for tenants was strengthened. Nevertheless, criticism continues that it is still insufficient to protect tenants, and in reality, disputes are constantly occurring. The reason why premium disputes are constantly occurring is that the concept of the newly established premium as above is uncertain and does not play a practical role in protecting tenants. Therefore, in this study, the author critically analyzes the current premium collection opportunity protection regulations and proposes a legislative improvement plan that can more practically and stably protect the premium collection opportunity of commercial tenants.

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