1. Research Objective

  As the so-called “jeonse fraud” problem became a social problem, this study sought to effectively respond to organized jeonse fraud crimes while presenting fundamental measures to resolve structural contradictions or institutional blind spots in the jeonse system.

2. Research Agenda

  First, we looked at the structure of jeonse fraud from a criminal policy perspective. Transaction practices are important in proving fraud, and if all abnormal housing transactions are concluded as jeonse fraud without a sufficient understanding of the transaction practices, most of the usual jeonse leases may be reduced to jeonse frauds, so it is necessary to be cautious in investigation and prosecution. In addition, this study focused on the “simultaneous recruitment of housesales and jeonse” as a representative example of systematic jeonse fraud because it was a preferential sale structure corresponding to the jeonse lease and the jeonse loan limit, and it was easy to deceive, manipulate, or evade legal responsibility to maximize profits.

  The causes of systematic jeonse fraud were ① lax jeonse loan systems, ② jeonse practices without public registration, ③ excessive regulation and burden on home ownership itself, ④ rapid and reliable recovery of investment, criminal concealment and profit concealment, and ⑤ neglect and moral hazard of financial companies, real estate, and financial public enterprises. As it presupposes the existence of interest cartels rather than traditional criminal organizations, it is necessary to approach not only property crimes and organized crimes but also corruption crimes.

   From a civil law point of view, the legal structure of the lease-related system under the current law was also examined. In order to understand the legal structure of the lease-related system, it was emphasized that an understanding of the Korean Civil Code’s unique lease system and the process of differentiation of leasehold rights and leasehold rights for the use of other people’s houses should be preceded, and that the concept of lease under the Civil Law and the Housing Lease Protection Act should be classified. As for the types of lease deposit damage, the can lease type, the loss of preferential repayment rights, the double contract type, and the deposit secured loan type were presented.

  On the other hand, from the perspective of the Civil Procedure Act, we examined the current status and limitations of jeonse-related policies, focusing on opposing power and execution power. In particular, it emphasized the need for improvement to ensure consistency between the Jeonse Fraud Victims Act and bankruptcy-related laws.

3. Policy Suggestions

  Based on the above discussion, the direction of setting policy measures was focused on ‘stability of public sentiment and people’s livelihoods’. Since fundamental reform of the system itself surrounding the jeonse system is important, “prevention of jeonse fraud” was emphasized first, and “recovery of jeonse fraud damage” was emphasized as the next priority because it is important to recover criminal proceeds that will be funded for financial and institutional Abstract 231 relief.

  From a criminal policy point of view, measures to recover and recover criminal proceeds from jeonse fraud, realization of the public monitoring system for illegal assets, and sanctions against professional experts were proposed. From a civil law point of view, differential responses according to the type of deposit damage were emphasized, and a plan to activate leases in the form of monthly rent was proposed. From the perspective of civil procedures, supplementary measures in the contract stage and auction process were suggested.

  In addition, policy considerations included the gradual reduction and strengthening of the lease system, the paradigm shift of housing policy, the normalization of the housing-related real estate industry, and the dissemination and spread of legal education contents to prevent disputes between the parties.

※ Keywords : jeonse fraud, deposit fraud, house lease, organized crime, corruption crime, criminal proceeds