不動産仲介制度의 問題點과 改善方案

Abstract

The purpose of this study is to review issues included in the real estate brokerage system currently being introduced in Korea, laying stress on presenting ideas for improvement to contribute to the establishment of a sound real estate brokerage order, to settle the system of certified brokers whose qualifications are earned through public examination, and to develop the real estate business into a professional one. This study is based on literature study, actual field experience as a certified broker, and interviews with field brokers, due to the characteristics involved in the study. Chapter 1 deals with the purpose, scope and methodology of this study. Additionally, a variety of issues found in the real estate brokerage system in Korea is presented, to find ways to improve the system. Chapter 2 deals with describing the meaning and importance of real estate brokerage, along with the relationship between the activities of real estate brokers and the national economy. In particular, illegal broker activities are described in this chapter, along with the social effects resulting from such activities. And this chapter deals with the characteristics and history of the real estate brokerage system in Korea. The history of brokerage system can be divided into 5 periods. Those are the pre-three-dynasties era, Koryo dynasty era, Chosun dynasty era, era of Japanese rule and the Republic of Korea era. In this chapter, the Purpose of the current Real Estate Brokerage Law are also described, explaining the important content of the Law and compared with brokerage laws in force prior to the enforcement of this Law. Chapter 3 deals with the characteristics of the real estate brokerage systems in Japan, U.S.A., Taiwan and England. It was found that real estate brokerage systems in advanced countries are mostly operated under a licensing system, and the activities of real estate brokerage are carried out by expert professionals possessing specialized knowledge and qualifications. Chapter 4 deals with issues found in current real estate brokerage system. Issues are presented as follows: ① Unsettlement of certified broker system. ② Imperfect examination system for qualification of certified broker ③ Unclassification of real estate. ④ Imperfect control over brokers without licenses, and too heavy penalties for illegal broker activities. ⑤ Irrational brokerage commission and sealing system ⑥ Function of Society for Real Estate Brokers. ⑦ Sharing of informations concerning real estate. ⑧ Designation of too many land areas subject to transaction regulations, etc. Chapter 5 deals with improvements for the real estate brokerage system. They are as follows: ① All-out enforcement of certified broker system, and supplements to qualification examination system ② Precise classification of real estate. ③ Reinforcement of strict control on brokers without license, and adjustment of penalties. ④ Improvement of real estate transactions market ⑤ Activation of Society for Real Estate Brokers. ⑥ Relaxation of real estate transaction regulations, etc.