Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Commercial Building Lease Protection Act and matters necessary for enforcement thereof. <Amended on Aug. 21, 2008; Jul. 21, 2010>
Article 2(Scope of application) #
(1) "Amount of security deposit ...<omitted>... prescribed by Presidential Decree" in the proviso of Article 2(1) of the Commercial Building Lease Protection Act (hereinafter referred to as the "Act") means the following amounts: <Amended on Aug. 21, 2008; Jul. 21, 2010; Dec. 30, 2013; Jan. 26, 2018; Apr. 2, 2019>
1. Seoul Metropolitan City: 900 million won;
2. Overpopulation control area prescribed in the Seoul Metropolitan Area Readjustment Planning Act (excluding the Seoul Metropolitan City) and Busan Metropolitan City: 690 million won;
3. Metropolitan city (excluding areas included in the overpopulation control areas prescribed in the Seoul Metropolitan Area Readjustment Planning Act; Guns; and Busan Metropolitan City), Sejong Special Self-Governing City, Paju city, Hwaseong city, Ansan city, Yongin city, Gimpo city and Gwangju city: 540 million won;
4. Other areas: 370 million won.
(2) Where any rent exists other than deposits, as described in Article 2(2) of the Act, the rental amount shall be calculated on a monthly basis.
(3) "Rate prescribed by Presidential Decree" in Article 2(2) of the Act means 1/100. <Amended on Jul. 21, 2010>
Article 3(Matters to be entered in the fixed date register) #
(1) Any lessee who possesses the original document of the lease contract certificate of commercial buildings may apply for assigning the fixed date with the head of a tax office having the jurisdiction over the commercial buildings pursuant to Article 4(1) of the Act; provided, in cases of business entities to whom per-business unit taxation is imposed pursuant to Article 8(3) of the Value-Added Tax Act, they may apply for assignment of a fixed date with the head of a tax office having jurisdiction over the headquarters or main office of the relevant business entities.
(2) The fixed date shall be assigned in such a manner that the head of a tax office (hereinafter referred to as "the head of the competent tax office"), upon receipt of an application for assignment of the fixed date pursuant to paragraph (1), indicates the number of the fixed date, the date when the fixed date is assigned and the head of the competent tax office in the original document of a lease contract certificate of commercial buildings and affixes an official seal thereon.
(3) The head of the competent tax office shall assign a new fixed date, depending on the application filed by a lessee, where a lease contract is revised or renewed.
(4) The head of the competent tax office shall enter the following matters in the fixed date register pursuant to Article 4(2) of the Act:
1. Number of the fixed date;
2. The date when the fixed date is assigned;
3. Personal information of the lessor and the lessee:
a. In cases of natural persons: Name or resident registration number (foreign registration number in cases of foreigners);
b. In cases of corporations: Name of the corporation, name of the representative or the corporate registration number;
c. In cases of groups, other than corporations: Name of the group, name of the representative, business registration number or identification number;
4. Trade name and business registration number, provided for in Article 3(1) of the Act, of the lessee;
5. The location of the commercial building, subject-matter of the lease and the size thereof;
6. Period of the lease;
7. Deposits or rents.
(5) Except as prescribed in paragraphs (1) through (4), matters necessary for assigning the fixed date shall be prescribed by Decree of the Ministry of Justice.
[This Article Wholly Amended on Nov. 13, 2015]
Article 3-2(Scope of interested parties) #
A party interested in the lease of commercial buildings who can request information (hereinafter referred to as "interested parties") pursuant to Article 4(3) of the Act shall be any of the following:
1. Lessor or lessee of a lease contract of the relevant commercial building;
2. Owner of the relevant commercial building;
3. Persons prescribed by Decree of the Ministry of Justice, from among rightful claimants recorded in the register of the relevant commercial building or the land thereof;
4. Financial institutions, etc. which have succeeded to the preferential payment right pursuant to Article 5(7) of the Act;
5. A person who has a status or right equivalent to that of a person prescribed in subparagraphs 1 through 4 and who has obtained a court judgment regarding the provision of lease information.
[This Article Added on Nov. 13, 2015]
Article 3-3(Scope of information which can be requested by interested parties) #
(1) The party to a lease contract under subparagraph 1 of Article 3-2 may apply for the perusal or delivery of a document in which the following matters are entered, with the head of the competent tax office:
1. Personal information of a lessor or lessee (referring to information under Article 3(4)3; provided, in cases of resident registration numbers or foreign registration numbers, it is limited to the first six numbers);
2. Location of the commercial building, subject-matter of the lease or size thereof;
3. The date when the application for business registration is filed;
4. Deposits, rents or period of the lease;
5. The date when the fixed date is assigned;
6. Where the lease contract is revised or renewed, the date when the lease contract is revised or renewed, the date when a new fixed date is assigned, revised deposits or rents or the period of the lease;
7. Other matters prescribed by Decree of the Ministry of Justice.
(2) Interested parties, other than the parties to a lease contract, or any person who intends to conclude a lease contract may apply for the perusal or delivery of a document, in which the following matters are entered, with the head of the competent tax office:
1. Location of the commercial building, subject-matter of the lease or the size thereof;
2. The date when an application for business registration is filed;
3. Deposits, rents or the period of the lease;
4. The date when the fixed date is assigned;
5. Where the lease contract is revised or renewed, the date when the lease contract is revised or renewed, the date when a new fixed date is assigned, revised deposits or rents or the period of the lease;
6. Other matters prescribed by Decree of the Ministry of Justice.
(3) Except as prescribed in paragraphs (1) and (2), matters necessary for provision of information on lease, etc. shall be prescribed by Decree of the Ministry of Justice.
[This Article Added on Nov. 13, 2015]
Article 4(Standards for requests for increase of rents) #
A request for increasing rents or deposits prescribed in Article 11(1) of the Act shall not exceed 5/100 of the rents or deposits as at the time when the request is made. <Amended on Aug. 21, 2008; Jan. 26, 2018>
Article 5(Computation ratio in conversion into monthly rent) #
(1) "Rate prescribed by Presidential Decree" in subparagraph 1 of Article 12 of the Act means 12 percent per annum.
(2) "Multiple prescribed by Presidential Decree" in subparagraph 2 of Article 12 of the Act means 4.5 times.
[This Article Wholly Amended on Dec. 30, 2013]
Article 6(Scope of lessees subject to preferential payment) #
Any lessee subject to preferential payment prescribed in Article 14 of the Act shall be a lessee for whom the total of sums converted prescribed in Article 2(2) of the Act is not more than the following amounts, where there are deposits and rents: <Amended on Aug. 21, 2008; Jul. 21, 2010; Dec. 30, 2013>
1. Seoul Metropolitan Area: 65 million won;
2. Overpopulation control area under the Seoul Metropolitan Area Readjustment Planning Act (excluding Seoul Metropolitan Area): 55 million won;
3. Metropolitan city (excluding areas included in the overpopulation control areas prescribed in the Seoul Metropolitan Area Readjustment Planning Act and Gun areas), Ansan city, Yongin city, Gimpo city and Gwangju city: 38 million won;
4. Other areas: 30 million won.
Article 7(Scope of deposits subject to preferential payment) #
(1) The scope of the fixed amount, from among deposits subject to preferential payment, prescribed in Article 14 of the Act shall not exceed the following amounts: <Amended on Aug. 21, 2008; Jul. 21, 2010; Dec. 30, 2013>
1. Seoul Metropolitan Area: 22 million won;
2. Overpopulation control area prescribed in the Seoul Metropolitan Area Readjustment Planning Act (excluding Seoul Metropolitan Area): 19 million won;
3. Metropolitan city (excluding areas included in the overpopulation control areas under the Seoul Metropolitan Area Readjustment Planning Act and Gun areas), Ansan city, Yongin city, Gimpo city and Gwangju city: 13 million won;
4. Other areas: 10 million won.
(2) Where the fixed amount, from among deposits of lessees, exceeds 1/2 of the value of a commercial building, the preferential payment right is valid only for the amount corresponding to 1/2 of the value of the commercial building. <Amended on Dec. 30, 2013>
(3) Where at least two lessees are leasing in a commercial building and the total of the fixed amounts, from among respective deposits, exceeds 1/2 of the value of the commercial building, the amount remaining after dividing the amount corresponding to 1/2 of the value of the commercial building by the ratio of the fixed amount, among deposits of each lessee, to the total sum of the fixed amount, among such respective deposits, shall be deemed the fixed amount among deposits of each lessee. <Amended on Dec. 30, 2013>
Article 7-2(Composition of Commercial Building Lease Committee) #
"Persons prescribed by Presidential Decree" in Article 14-2(4)7 of the Act means any of the following:
1. The head of a competent office or bureau in charge of commercial building policies or real estate-related affairs in the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, or a Special Self-Governing Province (hereinafter referred to as "City/Do");
2. A certified judicial scrivener who has engaged in the relevant field for at least five years, with extensive work experience in commercial building lease.
[This Article Added on Oct. 20, 2020]
Article 7-3(Term of office of member) #
(1) The term of office of a member of the Commercial Building Lease Committee established under Article 14-2 of the Act (hereinafter referred to as the "Committee") shall be 2 years, and may be renewed only once; provided, the term of office of a member who is a public official shall be the period during which he or she remains in the position.
(2) Where any commissioned member falls under any of the following cases, the chairperson of the Committee (hereinafter referred to as "chairperson") may dismiss the member:
1. Where the member becomes unable to perform his or her duties due to a mental or physical disorder;
2. Where the member has been prosecuted in a criminal case in relation to his or her duties;
3. Where the member is deemed unsuitable as a member due to neglect of duty, injury to dignity, or any other reason;
4. Where the member voluntarily declares that it is impracticable to perform his or her duties.
[This Article Added on Oct. 20, 2020]
Article 7-4(Duties of chairperson) #
(1) The chairperson shall represent the Committee and exert general control over the affairs of the Committee.
(2) Where the chairperson of the Committee is unable to perform his or her duties for unavoidable reasons, a member designated in advance by the chairperson shall act on behalf of the chairperson.
[This Article Added on Oct. 20, 2020]
Article 7-5(Executive secretary) #
(1) The Committee shall have 1 executive secretary, who shall be appointed by the chairperson of the Committee, from among public officials in general service of the Senior Executive Service of the Ministry of Justice (including corresponding public officials in special or extraordinary civil service) who are engaged in commercial building lease-related affairs.
(2) The executive secretary shall assist the Committee in its operation and handle the affairs related to the preparation and retention of the records of the Committee's meetings and other documents.
(3) The executive secretary may attend a meeting of the Committee, explain matters to be deliberated on, or make other necessary statements.
[This Article Added on Oct. 20, 2020]
Article 7-6(Meetings of Committee) #
(1) Meetings of the Committee are classified into regular meetings convened once annually or extraordinary meetings convened when deemed necessary by the chairperson or upon a request by at least 1/3 of all members.
(2) The chairperson shall convene and preside over meetings of the Committee.
(3) A majority of the members of the Committee shall constitute a quorum, and any decision thereof shall require the concurring vote of a majority of those present.
(4) No Committee meeting shall be open to the public.
(5) The chairperson may have a person who is not a member of the Committee attend its meeting to present his or her opinion, or may request that the relevant institutions and organizations submit necessary data or opinions, or provide other cooperation.
[This Article Added on Oct. 20, 2020]
Article 7-7(Working committee) #
(1) A working committee shall be established under the Committee to efficiently assist the Committee in the discussion of agenda items to be deliberated on.
(2) The working committee shall discuss and mediate the following matters:
1. Agenda items to be deliberated on and matters delegated by the Committee in relation thereto;
2. Other matters on which working-level discussions are required by the chairperson or members.
(3) The working committee shall be chaired by the executive secretary, and its members shall be appointed by the heads of the agencies with which they are affiliated, from among the following persons: <Amended on Dec. 30, 2025>
1. State public officials of Grade V or higher in charge of price control at the Ministry of Finance and Economy;
2. State public officials of Grade V or higher in charge of commercial building lease at the Ministry of Justice;
3. State public officials of Grade V or higher in charge of commercial building lease at the Ministry of Land, Infrastructure and Transport;
4. State public officials of Grade V or higher in charge of micro enterprises at the Ministry of SMEs and Startups;
5. Local public officials of Grade V or higher in charge of micro enterprises, or the economy and livelihood of residents at a City/Do.
[This Article Added on Oct. 20, 2020]
Article 7-8(Expert member) #
(1) The Committee may have up to 5 expert members to perform specialized surveys or research in relation to the matters to be deliberated on by the Committee.
(2) Expert members shall be commissioned by the Minister of Justice, from among persons of learning and experience in the fields of law, economics, real estate, etc., and the term of office of such expert members shall be 2 years.
[This Article Added on Oct. 20, 2020]
Article 7-9(Allowances) #
The members of the Committee or the working committee may be paid an allowance within budgetary limits; provided, excluded are cases in which a member who is a public official attends a meeting of the Committee in direct connection with his or her duties.
[This Article Added on Oct. 20, 2020]
Article 7-10(Detailed guidelines for operation) #
Except as provided in this Decree, matters necessary for the operation of the Committee shall be determined by the Minister of Justice.
[This Article Added on Oct. 20, 2020]
Article 8(Provision of details of maintenance fees) #
(1) The details of maintenance fees provided by a lessor to a lessee pursuant to Article 19-2(2) of the Act shall specify the amount for each of the following cost items:
1. General management expenses;
2. Cleaning expenses;
3. Security expenses;
4. Disinfection expenses;
5. Elevator maintenance expenses;
6. Heating, cooling, and hot water supply expenses;
7. Repair and maintenance expenses (including cleaning expenses for heating and cooling facilities);
8. Consigned management fees;
9. Electricity charges (excluding any amount directly paid separately by a lessee);
10. Water charges (excluding any amount directly paid separately by a lessee);
11. Gas charges (excluding any amount directly paid separately by a lessee);
12. Septic tank waste treatment fees;
13. Waste disposal fees;
14. Insurance premiums covering the entire building.
(2) Detailed matters included in the cost items under paragraph (1)1 through 8 shall be as specified in Appendix 1.
(3) Notwithstanding paragraph (1), if the monthly maintenance fee payable by a lessee to a lessor is less than 100,000 won, the lessor may omit the amount for each cost item under the subparagraphs of paragraph (1) and provide only the cost items included in the maintenance fee.
[This Article Added on May 6, 2026]
[Previous Article 8 moved to Article 9 <May 6, 2026>]
Article 9(Establishment of commercial building lease dispute conciliation committee) #
The branches, branch offices, or offices of the Korea Legal Aid Corporation under Article 8 of the Legal Aid Act (hereinafter referred to as the "Corporation"), the Korea Land and Housing Corporation under the Korea Land and Housing Corporation Act (hereinafter referred to as the "LH Corporation"), and the Korea Real Estate Board under the Korea Real Estate Board Act (hereinafter referred to as the "Real Estate Board"), in which the commercial building lease dispute conciliation committee under Article 20(1) of the Act (hereinafter referred to as the "conciliation committee") is established, and their respective jurisdictions shall be as specified in Appendix 2. <Amended on Dec. 8, 2020; May 6, 2026>
[This Article Wholly Amended on Oct. 20, 2020]
[Moved from Article 8; previous Article 9 moved to Article 10 <May 6, 2026>]
Article 10(Matters subject to deliberation and mediation by conciliation committee) #
"Disputes over the lease of commercial buildings, as prescribed by Presidential Decree" in Article 20(2)6 of the Act means the following disputes: <Amended on Oct. 20, 2020; Dec. 31, 2024>
1. Disputes over fulfillment of a lease contract and interpretation of the terms and conditions of a lease contract;
2. Disputes over renewal and termination of a lease contract;
3. Disputes over claims for damages due to the nonfulfillment of a lease contract;
4. Disputes over burden of expenses, including the remuneration of a licensed real estate agent;
5. Disputes over the liability for damages of a licensed real estate agent under Article 30 of the Licensed Real Estate Agents Act (including where a brokerage client requests a guarantee agency to pay mutual aid money as a damage compensation in accordance with Article 26(1) of the Enforcement Decree of that Act);
6. Disputes over use of a written standard contract on a commercial building lease under Article 19 of the Act;
7. Other disputes corresponding to those referred to in subparagraphs 1 through 6, the conciliation of which is deemed necessary by the chairperson of the conciliation committee.
[This Article Added on Apr. 2, 2019]
[Moved from Article 9; previous Article 10 moved to Article 11 <May 6, 2026>]
Article 11(Secretariat of conciliation committee established in each district office of Corporation) #
(1) The secretariat of a conciliation committee required to be established in each district office, branch office, and office of the Corporation, LH, or the Real Estate Board pursuant to Article 20(3) of the Act (hereinafter referred to as "secretariat") shall have one executive secretary under whom examiners and investigators are placed. <Amended on Oct. 20, 2020; Dec. 8, 2020>
(2) The executive secretary shall be appointed by the president of the Corporation, the CEO of LH, and the CEO of the Real Estate Board and may concurrently serve as a member of the conciliation committee. <Amended on Oct. 20, 2020; Dec. 8, 2020>
(3) Examiners and investigators shall be appointed by the president of the Corporation, the CEO of LH, and the CEO of the Real Estate Board, respectively. <Amended on Oct. 20, 2020; Dec. 8, 2020>
(4) The executive secretary shall exercise overall control of the affairs of the secretariat, and shall direct and supervise personnel under his or her jurisdiction.
(5) The examiner shall take charge of the following affairs: <Amended on Oct. 20, 2020>
1. Identification of the issues and legal review of cases applied for dispute conciliation;
2. Direction on and supervision of the affairs under the investigator's responsibility;
3. Other affairs deemed necessary by the chairperson of the conciliation committee to deal with the affairs of the conciliation committee.
(6) The investigator shall take charge of the following affairs: <Amended on Oct. 20, 2020>
1. Receipt of applications for dispute conciliation;
2. Guidance on civil petitions related to the application for dispute conciliation;
3. Service and notification to the parties to the conciliation;
4. Investigation of facts necessary for the conciliation of disputes;
5. Other affairs deemed necessary by the chairperson of the conciliation committee to deal with the affairs of the conciliation committee.
(7) The executive secretary and the examiner shall have the qualifications of an attorney-at-law.
[This Article Added on Apr. 2, 2019]
[Title Amended on Oct. 20, 2020]
[Moved from Article 10; previous Article 11 moved to Article 12 <May 6, 2026>]
Article 12(Secretariat of City/Do conciliation committee) #
Where any City/Do establishes a conciliation committee pursuant to the latter part of Article 20(1) of the Act, matters concerning the organization, operation, etc. of its secretariat shall be prescribed by municipal ordinance of the relevant local government taking its actual circumstances into consideration. <Amended on Oct. 20, 2020>
[This Article Added on Apr. 2, 2019]
[Moved from Article 11; previous Article 12 moved to Article 13 <May 6, 2026>]
Article 13(Processing of personally identifiable information) #
The head of the competent tax office may process data including foreign registration numbers and resident registration numbers under subparagraphs 1 and 4 of the Article 19 of the Enforcement Decree of the Personal Information Protection Act, where essentially necessary for performing duties concerning assigning the fixed date under Article 4 of the Act. <Amended on Dec. 30, 2013; Nov. 13, 2015>
[This Article Added on Jan. 6, 2012]
[Moved from Article 12 <May 6, 2026>]