土地所有上限制에 관한 硏究 : 宅地所有上限制의 導入과 관련하여

택지소유상한제 도입의 이론적·헌법적 근거와 토지소유 불균형 해소 방안을 검토한다.

Major aim in our real estate policy is latched to realization of stability in the land value and to ensuirng the justice in distribution through resolving the phenomena of disproportionate ownership of the land. Therefore in this treaties the theoretical foundation and constitutional basis of maximum system of land property success or failure would produce an enormous impact upon finding key for solution of land problems are reviewed and the feasibility of introducing this system is probed theoretically.

Simultaneously through the analysis of status of operations of the foregoing system in the countries which accepted the former the problems contained in "(Draft) legal proposal the maximum system of land property" have been subjected to careful analysis and the following conclusions have been drawn : 1. Unlike other proprietary rights land is accepted with more significant social and public limits. Therefore maximum system of land property as one of real estate policy in modern state has ideological and constitutional basis, furthermore introduction of the system has sufficient justification.

However pertaining to land problems proper approaches should be dictated by the understanding of intrinsic nature of the land and recovery of such nature rather than by implementation of systems related to land which is fated to be partial in nature. 2. For the successful implementation of maximum system of land property correct understanding onthe essence and concept of ownership of land are prerequisite and only those systems based upon such understandings are worthy for introduction.

For this reason for the introduction of maximum system of site property factors described in the following should be considered : a) Private property system is one of basic element of capitalism and essential ingredient of our constitutional order and it belongs to the care of right of property. Accordingly maximum system of site property should not be employed for the nationalization of most of housing sites which shall lead to the direction of categorical denial against private ownership. b) Among capitalistic countries only a few of them adopted maximum system of site property furthermore reportedly they are suffering with many problems in application and operation of the system.

For this reason taking steps to ensure effectiveness of the system is required. c) For prevention of speculations on real estate and for expanded supply of housing sites implementation of maximum system of site property is insufficient. Consequently early introduction of combined land tax system, reorganization of tax system by shifting to taxes on holding land and realistic and staged actualization of standard of taxes are required.

d) It should be reminded that success or failure of a policy is largely determined by consistency of policy, complementarity of political means, and more than anything else sense of missions by the public officials on the line of execution are most important elements. e) Hastiness in adopting the system alone while the posture of accepting such system is unprepared shall produce enormous side-effects which eventually lead not to reinforcement.