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논문 기본 정보

자료유형
학술저널
저자정보
한민아 탁현우 (국립한국교통대학교)
저널정보
한양법학회 한양법학 한양법학 제36권 제1집(통권 제89집)
발행연도
2025.2
수록면
49 - 83 (35page)
DOI
10.35227/HYLR.2025.2.36.1.49

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초록· 키워드

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Due to the occurrence of commercial gentrification, existing small business owners who have contributed to the formation of a unique commercial area lose their livelihoods due to rising rents and are forced to relocate involuntarily.
In its place, the entry of large-scale distributors and franchises that have become uniform disappears the unique characteristics of the commercial area, which in turn reduces the commercial area, negatively affecting all parties in the local community, such as landlords, tenants, and business operators.
As commercial gentrification in commercial spaces has reached a serious state across the country, the government feels the need to voluntarily participate in the voluntary participation of landlords and tenants in responding to commercial gentrification, revitalizing commercial areas, and protecting small businesses, as well as establishing a legal basis to protect local commercial rights.
Against this backdrop, the "Act on the Coexistence and Revitalization of Regional Commercial Areas (hereinafter referred to as the Regional Commercial Zone Act)" was enacted on July 27, 2021, and came into effect on April 28, 2022.
This course analyzes whether the Local Commercial Zone Act, which was enacted to respond to commercial gentrification, revitalize commercial rights, and protect small business owners, is effectively working in the field of life of small business owners.
As a method of judging effectiveness, post-hoc legislative impact analysis is used during legislative impact analysis, and appropriate improvement plans and policy recommendations are presented accordingly.
First, it is a precedent for the designation of regional coexistence zones and autonomous commercial zones. As of November 2024, there is not a single area that has been designated as a regional coexistence zone and is protected by the Regional Commercial Zone Act. The fact that there are no areas designated as regional coexistence zones until two years have elapsed can be judged to be ineffective in the law. As a result, the Local Commercial Zone Act is ineffective and does not achieve its intended purpose of being the first law to protect small business owners such as landlords, tenants, and landowners. In addition, as of November 28, 2024, there are a total of 8 autonomous commercial zones formed to revitalize the relatively declining commercial area, and they are limited to Hamyang-gun in Gyeongsangnam-do, Gimcheon-si in Gyeongsangbuk-do, Gijang-gun in Busan Metropolitan City, Nam-gu, Dong-gu, Gangjin-gun in Jeollanam-do, Naju-si, and Yeongam-gun. Therefore, with the active participation and encouragement of the government and local governments, the designation of regional coexistence zones and autonomous commercial zones should be preceded.
Second, amendments should be made regarding the provisions that overlap with the Commercial Building Lease Protection Act. Currently, Article 11(1) of the Commercial Building Lease Protection Act and Article 27 of the Local Commercial Zone Act are in effect redundantly. Since small business owners are subject to dual protection for commercial leases under the Regional Commercial Zone Act and the Commercial Building Lease Protection Act, it is necessary to analyze the effectiveness of the Commercial Building Lease Protection Act first, and to make up for the deficiencies in the Regional Commercial Zone Act.
Third, studies should be conducted to predict areas where commercial gentrification is expected to occur. The report that analyzes the areas where commercial gentrification occurs and is expected to occur is the "Comprehensive Measures for Gentrification in Seoul in 2015", and there are no studies that predict and analyze areas that are expected to occur after 2015. Since preemptive response to commercial gentrification is the most important, it is necessary for the government to take active measures to protect the areas where it is expected to occur based on the results of analyzing and deriving how the patterns, patterns, and stages of occurrence appear in each region.

목차

Ⅰ. 서론
Ⅱ. 선행연구 검토
Ⅲ. 연구설계
Ⅳ. 「지역상권법」의 입법영향분석
Ⅴ. 결론
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