부동산 인도집행에서 주거권과 관련한 주요 쟁점

Abstract

Based on the compulsory execution, the rightful execution of the law can be an example of a country under the rule of law. As an extension, there would be no exception in the execution of delivery, in which the rights of the involved parties are factually formed. However, regarding the real estate delivery execution, the residential right which is the protection of human rights for the residents has emerged as one of the topics to be discussed. Consequentially, the necessity of revising the Civil Execution Act, which contains the measures to protect debtors, has been announced publicly by the National Human Rights Commission of Korea. This study investigates issues that can provoke human rights abuse of residents during three steps of execution forewarning, which are procedures of real estate delivery execution, main execution, and movables auction, and suggests alternatives to cope with the identified weaknesses. Rules regarding human rights should be applied as practical principles and should be considered from a balanced viewpoint where the rights of creditors as well as the residential rights of debtors are protected. The authors hope that this work will encourage more active discussions around these issues and that it will help enforce amicable real estate delivery executions.