The Korean Constitution guarantees Koreans Property Rights through Article 13.2, Article 23, and Article 119.1. Also the Constitutional Court has made the delicate theories over the judicial precedents. There are many different types of Property Right...
The Korean Constitution guarantees Koreans Property Rights through Article 13.2, Article 23, and Article 119.1. Also the Constitutional Court has made the delicate theories over the judicial precedents. There are many different types of Property Rights in the Korean Constitution. Among them, Land Property Right is considered more important than the others by people who own or hold property. However, even if the limitation on his or her property can be taken for the public benefit, we can't say that the public benefit is more important than the protection of the private property right. So, the protection of the private property right should be the first thing, and the limitation on his or her property for the public benefit should be taken subsidiarily.
The Korean Constitution, from article 23 paragraphs 1, states about property right guarantee, section 2, stipulates limit regulation, such as the exercise of property right should be suitable to public welfare, and section 3 states about expropriation, use or restriction and compensation clauses. Even if land property right is restricted, there should be added just compensation. Crucially important point for reward is the actual market value of the infringed property right estimated by the complete compensation.
In these days, cultural and economic exchange between Korea and China is frequent so introduction of legal system can be possible. There are many problems in the Land Expropriation System of China. Therefore, this dissertation focuses to consider the Land Expropriation System of Korea and it`s introduction to China.