Abstract
Currently, the number of self-employed people in Korea is between 5.7 million and 6 million, which is very high compared to major overseas countries. In additions the size of the premium market of about 33 trillion won is also considerable. According to press releases from the Ministry of Land, Infrastructure and Transport, and the Seoul Metropolitan Government disputes and debates over premium continue even after the codification of premium and considering the gap between actual correlation and legislation need for research is urgent. The reason for the constant dispute over premium is the uncertainty in the concept of premium as property rights, the lack of legal awareness of premium other than the self-employed and the anachronistic incompleteness and uncertainty of the protection of premium recovery opportunity. Therefore it needs to be revised as pointed out in the text in the future. Tenants or self-employed persons who do not possess their own building are suffering severe hardships due to the COVID-19 pandemic without precedent and are in the verge of bankruptcy. The number of self-employed persons in Korea has risen over 5.7 million to 6.0. In terms of the proportion of them to the whole employment, Korea marked 28.2%, which is extremely higher than the U.S 6.8%, Japan’s 11.9%, the U,K 15.4%, Germany’s 11.7% and the OECD’s 15.8%. The volume of premium markets has reached no less than KRW 33 trillion. According to reports released by the Seoul metropolitan government, there are growing disputes over premium. Problems about protection of opportunities to reclaim premium have to be solved and debates over premium have to be analyzed in terms of the gap between actual correlation and legislation. Continuous disputes over premium are provoked by the uncertain conception of premium as property rights, the lack of legal awareness of premium that others except the self-employed have and the anachronistic incompleteness of protection of opportunities to reclaim premium that is not suitable for the current society with 6 million self-employed persons. Therefore, the study was written in order to analyze problems about protection of opportunities to reclaim premium, make up for them and propose legislative improvements which tenants can substantially reclaim premium and investments with.
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