[Controversy Over Sex Offender Residence]① "What if the tenant is a sex offender?"... Is contract termination possible?

Tenant's Electronic Ankle Monitor Recognized in February This Year... Rising Resident Opposition
Effectiveness Requires 'Criminal Background' Clause at Contract Signing
Interpretation of Deceptive Acts by Omission

[Asia Economy Reporter Jang Sehee] "A sex offender wearing an electronic ankle bracelet moved in as a tenant. There is strong opposition from other residents nearby, including families with children, but I am worried because it seems difficult to terminate the contract."

Landlord Mr. A found out late this month that the tenant was wearing an electronic ankle bracelet. Mr. A said on the 21st that he is facing difficulties as he is receiving complaints from nearby residents but it is difficult to officially terminate the lease contract. It is known that the current residents are requesting the tenant to move out. Mr. A expressed concern that even if he notifies the tenant of contract termination, it will take a long time to resolve as a court decision is required.

Previously, the landlord who rented a one-room apartment to sex offender Park Byunghwa had no idea that Park would be living there. This was because Park’s mother signed the contract on his behalf. The landlord also protested, saying, "If I had known Park was coming, I would never have rented the room."

Sex Offender’s Family Proxy Contract... Difficult to Verify Individually

According to the real estate industry, it is not uncommon for contracts to be signed by proxies. A real estate agent in Yeoksam-dong, Gangnam-gu, Seoul said, "If the sex offender does not disclose it in advance, it is not easy to verify each case at the time of contract," adding, "Since it has a decisive impact on the contract, the landlord can claim it as grounds for contract invalidation, but from the real estate agency’s perspective, there is nothing they can do to help."

A real estate agent in Seongdong-gu, Seoul explained, "In recent years, there have been no requests for special clauses related to the criminal background of offenders or any verification work," and added, "With contracts already decreasing, it seems practically difficult for agencies to bring up issues related to sex offenders."

The article and the photo are unrelated.

Constitutional Right to Housing Specified... Need to Specify 'Special Clauses' for Prior Identification

In the legal community, many opinions suggest that if the fact is discovered after the contract is signed, actual termination would be difficult. Um Jeongsook, a real estate specialist lawyer at Lawdo Comprehensive Legal Office, said, "Since the effect of the contract itself has strong binding force, it seems unreasonable to use wearing an electronic ankle bracelet as grounds for termination," adding, "Since the constitutional right to housing is also specified, it seems difficult for court rulings to interpret it as termination."

Seo Ji-won, a lawyer at Naran Law Firm, said, "Regardless of the severity of the crime, it seems difficult to consider all cases as grounds for contract termination," and added, "If the tenant notifies contract termination, the tenant may claim the contract is unilaterally unfair." However, she added that if the tenant committed a sex crime or caused damage while residing, it can be clearly considered grounds for contract termination. It is possible to specify in special clauses statements such as 'No involvement in crimes and no personal background issues,' or 'In case of proxy contracts, the person residing must have no criminal background related to sex offenses.'

Meanwhile, there was also an opinion that cancellation could be grounds due to fraudulent acts by omission (deliberately not doing what should be done). The Supreme Court views violation of the duty to notify as fraudulent acts by omission and recognizes it as constituting fraud. Fraudulent acts refer to acts that cause a person to be mistaken. Kang Gil, a lawyer at Hanse Law Firm, pointed out, "If the landlord had known the tenant was a sex offender, they would not have signed the contract," adding, "If the landlord does not disclose information that should be disclosed and accepts it as is, it can be regarded as fraudulent acts by omission."