土地財産權에 대한 規制와 그 妥當性 = A Study on the Restriction of Land Ownership

다국어 초록 (Multilingual Abstract)

Land is closely connected with human life, Therefore, the effective utilization of land has become a major social issue.
The concept of land ownership has been changed from absoluteness to relativity and private law to pulic law in its application of restriction.
The recent trend in the use of land in foreign countries is to communalize the property of land with the application of possible regulations.
Korea has also reinforced the regulations of land ownership by public law as a consequence of population growth and industrial development. The regulations range from the restriction of land use, such as the zoning system, to the restriction of land disposition, such as the land transaction license system.
This study considered the problems of these regulation of land ownership from the aspect of the interpretation of property rights as guaranted in the Constitution, the possibility of limitation, and especially the restriction of land use for public purposes and compensation based on harmonious arbitration between private and public law.
As far as land is concerned, its particularity among our people, which seems to be stronger than in any other country, should not be overlooked, and thus the attitude of the goverment must be rectified.
A harmonious compromise between public and private benefits is desirable to solve the legal problems which occur in the restriction of land ownership.

목차 (Table of Contents)

• Ⅰ. 序論
• Ⅱ. 規制의 必然性
• 1. 土地所有權의 橫暴
• 2. 土地의 公共性
• Ⅲ. 規制의 範圍 및 限界
• 1. 財産權 保障의 性格
• 2. 財産權 規制의 性質 및 範圍
• 3. 規制의 限界
• 4. 規制와 補償
• Ⅳ. 規制와 關聯한 懸案 問題點들
• 1. 土地所有上限制의 可否
• 2. 全國的인 地價統制의 可否
• 3. 土地去來의 許可·申告制
• 4. 損失輔相의 問題
• 5. 開發利益의 還收問題
• 6. 土地利用計劃의 合理化, 기타
• Ⅴ. 結論