Legal Community Calls for Special Clauses Like 'Eviction if Revealed as Sex Offender' in Contracts
Child Sex Offender Jo Doo-sun Also Faced Eviction Demand but Still Lives There
Contract Termination and Eviction Possible if Tenant Causes Tangible or Intangible Harm to Landlord
On the 31st of last month, the Suwon University Student Council held a rally in front of the Ministry of Justice building in Gwacheon City together with Jeong Myeong-geun, the mayor of Hwaseong, protesting against Park Byung-hwa (39), known as the so-called 'Suwon Balbari,' residing near the university. Photo by Yonhap News
[Asia Economy Reporter Han Seung-gon] The landlord of the one-room building in Bongdam-eup, Hwaseong City, Gyeonggi Province, where serial rapist 'Suwon Balbari' Park Byung-hwa (39) resides, is reported to have notified Park Byung-hwa in writing of the termination of the lease contract. The landlord stated that the contract was made with a person believed to be Park Byung-hwa's mother at the time and was unaware that the tenant was a sex offender.
However, some legal experts predict that unless there is a special clause such as "the contract is void if the tenant is revealed to be a sex offender," requesting eviction may be difficult. Park Byung-hwa has remained reclusive up to the third day of his stay in the one-room apartment.
Previously, in November 2020, 'child rapist' Jo Doo-soon also signed a two-year lease contract with the landlord of a multi-family house in Ansan City, Gyeonggi Province. However, during the monthly rent contract process, it was Jo Doo-soon's wife, not Jo himself, who signed the contract. The landlord, unaware of this, requested eviction, but Jo Doo-soon's side refused, saying "there is nowhere to move," and he still resides there. Ansan City Hall has set up a special post to monitor every movement of Jo Doo-soon.
According to Yonhap News on the 2nd, the landlord of the building where Park Byung-hwa lives visited the floor where Park resides late in the afternoon, knocked on the door, and read the written contract termination notice. When there was no response, the landlord slipped the notice under the door and left. The landlord also claimed that the contract was invalid because it was signed by a person presumed to be Park Byung-hwa's mother as a proxy. The landlord added that if Park Byung-hwa does not comply with the eviction request, they will file an eviction lawsuit.
Earlier, on the 25th of last month, Park Byung-hwa's family visited a real estate agency in front of a university in Hwaseong and signed a 12-month lease contract with a deposit of 1 million won and a monthly rent of 300,000 won. Regarding this, the licensed real estate agent who mediated Park Byung-hwa's one-room contract explained in an interview with Yonhap News that since the contract was with family, they mediated the proxy contract without a power of attorney as a customary practice. The agent added that they would accept punishment if there was any wrongdoing.
Some legal experts say the contract details need to be examined. For example, if the contract between the lessor and lessee is merely a lease contract and there is no special clause such as "the contract is void if the tenant is a sex offender or revealed to be one," requesting eviction may be difficult.
However, if the tenant causes tangible or intangible damage to the landlord, the landlord can request contract termination and eviction based on that. Currently, protests are occurring around the residence due to sex offender Park Byung-hwa, and loud noises and disturbances may be advantageous to the landlord.
Resident opposition is also intensifying. Parents held a protest in front of the residence, Hwaseong City formed a forced eviction task force and began legal action. The Gyeonggi Provincial Office of Education issued a statement on the 1st urging Park's eviction. The education office stated, "The one-room area in Bongdam-eup, Hwaseong City, where Park resides, is a region densely populated with universities as well as elementary, middle, and high schools, and the distance from the residence to the elementary school is only about 500 meters," adding, "Students and parents are experiencing extreme anxiety and threats to safety." They further added, "All possible measures must be taken to ensure student safety, including Park Byung-hwa's eviction, strengthening local security management, expanding crime prevention facilities, and enhancing safety education."
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