Landlords File Constitutional Complaint Against the Lease Protection Act

[Asia Economy Reporter Baek Kyunghwan] The Korea Landlords Association announced that it will file a constitutional complaint against the government on the 19th, arguing that the abolition of the private rental housing system and the amendment of the Housing Lease Protection Act are unconstitutional. The Korea Landlords Association is an organization composed of registered rental business operators and general landlords.

On the 14th, the association stated, "With the special law amendment in August, the registration of some rental housing was prohibited, and unrealistic systems such as mandatory subscription to the small-scale rental business guarantee insurance were added," and "As a result, the petitioners were deprived of tax law benefits and had their freedom of occupational choice, property rights, and equality rights violated."

It continued, "The Minister of Land, Infrastructure and Transport declared from the beginning of his term that incentives such as tax benefits, funds, and social insurance would be strengthened for registered rental business operators, and if voluntary registration was low, rental housing registration would be made mandatory. However, by amending the special law, the government shifted the responsibility for poor policies onto the petitioners who trusted the national system and registered as rental business operators." It also criticized the policy, stating, "Due to related tax law amendments, the petitioners face the risk of brutal taxation, having to pay capital gains tax of up to 79.2%."

Furthermore, the association argued that the Housing Lease Protection Act, which includes the right to request contract renewal and limits on rent increases, contains unconstitutional elements that infringe on the people's freedom of contract, property rights, privacy rights, and freedom of residence and movement.

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