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濟州道內 마을共同財産의 市ㆍ郡에의 歸屬과 그에 따른 主民權益問題
尹良洙 제주대학교 1987 논문집 Vol.24 No.1
"Dong"-s and "Ri"-s are the basic units of residents'associations in our country and are called village (Ma-eul) in this thesis. Villagers held such common properties as pasture land, forests and fields in a common ownership and these lands/ properties were cooperatively managed and cultivated by the village members themselves since old times. However, slnce the 1930's, these properties have been registered in public documents as belonging to the villages. In the 1960's, under the provision of Article 8 of the Provisional Treat Act of Local Autonomy, the ownership of these properties was transferred to cities or counties Article 8 reads, "All the properties and public documents of Eup (townships) and Myon(rual districts) shall be transferred to the concerned county". The writer has attempted to examine the legal-social problems arising from the transference of villagers'common properties to city or county and to seek clues to solving problems that arose. By Nature, villages are the dwellers' voluntary associations as unincorporated associations and they are not local self-governing bodies. It can be sald that villagers' common properties are owned by all villagers and that these are different from the properties of the former local self-governing bodies, called Eup and Myon. Accordingly, it has been seen that villagers'common properties should neither be affected by the above regulation nor be in the ownership of cities or counties in legal theory. Therefore, the villagers' rights on and to these properties have been trespassed as a result of the enforcement of article 8 which transferred villagers' common properties to cities or counties. In order to redress the villagers' infringed rights and interests, the provisions to return these properties to the related villagers' associations should be included as an amendment to the new Local Autonomy Act. Should it prove to be difficult to return these properties to the villages, it is necessary that the Local Financial Act be revised to institute a kind of public trust relation between the cities/counties and villagers' associations concerning the management of these properties.