한국과 일본의 지적제도에 관한 비교 연구

한국과 일본의 지적제도를 비교해 공통점과 차이를 분석했다.

The purpose of this study was to research and analyze the current status of the cadastre systems of Korea and Japan, compare them and show the commonalities and differences. Subject was limited to the cadastre systems of Korea and Japan and the time scope of the study was set from 1873 to now, 2015, whereas the spatial scope was limited to the cadastre systems of Korea and Japan and the contents were limited to the research and analysis of the current status of the cadastre systems of Korea and Japan to compare them and show the commonalities and differences.

Administrative approach was adopted as the research approach; literature research and Internet research as research method; and comparative analysis and descriptive analysis as analysis method of research contents. Results showed that the commonalities of the cadastre system law of Korea and Japan were first, the purpose is to protect the property rights of the people of the nation, second, principle of cadastral government administration, formalism, principle of public, material principle of justice, principle of registration of authority are adopted as the cadastre format.

Third, in the cadastral legal aspect, positive law, statute law, domestic law, indigenous law, adjective law, general law, forceful law, and public law are adopted. Fourth, it is used as decision making data necessary for various land related activities such as land transaction, land evaluation, land taxation, land development, land utilization plan, etc; fifth, registration information is consisted of land location, lot number, land category, area, owner, floor plan number. Sixth, the purpose of redoing the cadastre research project is to enhance the precision of registration of cadastral record that does not coordinate with the actualities.

On the other hand, the legal differences of cadastre systems of Korea and Japan are first, in Korea it is used for cadastre works whereas in Japan it is used for both cadastre and registration works. Second, as for the registration information, Korea registers land price on the cadastral record whereas in Japan the building is registered. Third, rework on cadastral research is carried out in Korea through an official agency institution - Korea Land and Geospatial InformatiX Corporation - but in Japan it is carried out through a proxy, a general measurement enterprise.

Commonalities of cadastral administrative organization lies in the fact that both Korea and Japan are in charge; the central branch of each nation, Ministry of Land, Infrastructure and Transport and Ministry of Justice are in charge of cadastral administration. Difference in cadastral administration organization and cadastral record management lies in the fact that in Korea regional autonomous organization is in charge whereas in Japan a national organization such as the Ministry of Justice or regional Ministry of Justice or its branches are in charge.

As for the cadastral work proxy organizations, both countries use one but rework on the cadastral research is carried out by a cadastral proxy organization under a special law on rework of cadastral research in Korea whereas in Japan a general measurement enterprise is responsible for the work, under the territory investigation law.