토지거래허가제의 법적 현황과 문제점 개선방안

토지거래허가제의 법적 성격과 운영상 문제를 검토하고 개선방안을 제시한다.

The land transaction permit system is a regulation for the purpose of public welfare for land ownership, and was introduced in 1979 to curb real estate speculation and prevent land prices from rising. Controversy over the effectiveness and constitutional unconstitutionality of this system has continued, raising the need to identify the problems of this system and suggest improvement measures. Opinions on the legal nature of the land transaction permit system as a permitting character and an authorizing character are presented, and the Supreme Court judges this as an authorizing character.

The land transaction permit system is based on Articles 23 and 122 of the Constitution, as well as the National Land Planning and Utilization Act and the Real Estate Transaction Reporting Act. The land transaction permit system restricts private autonomy and property rights by strongly regulating individuals' free land transactions, and may infringe on freedom of career choice and freedom of residence transfer.

In the past, it was effective after designating the land underground permit, but the effect of preventing the real estate market from overheating gradually decreases, side effects such as shrinking real estate transactions are occurring, and there is a limit to preventing land price from rising due to improper timing or ambiguous designation criteria. The effectiveness of the system may decrease as it is difficult to distinguish whether land transactions within the permitted area are speculative or actual use purposes.

To solve these problems, it is necessary to first clarify the timing and standards of designating permit zones, and to come up with flexible application measures suitable for the actual real estate market situation by clearly distinguishing the purpose of using transactions. It is also required to diagnose the occurrence of problems that are prescribed by the land transaction permit system, to ensure that countermeasures against real estate changes are operated in a timely manner, and to come up with specific and practical measures.

It is necessary to overhaul the Real Estate Transaction Act, which balances with other related laws, and to supplement more detailed legal regulations to block speculative transactions. To strengthen the effectiveness of the public interest purpose that the land transaction permit system intends to achieve, it should secure transactions suitable for the purpose of real estate use and efficiently operate policies.