土地利用의 制度的 規制에 관한 硏究

토지이용을 규제하는 제도와 법제의 문제를 검토한다.

Our land problem is so serious and one of social problems required by a rapid solution policy in a narrowed land that the population density per a expanstion of arable land is high. It is a real fact that we are making an order of transaction deal to corrupt because of a lack of a land legistative system and a land act in a prevalent land investigation until now. An increasing population, urbanization & continual life activity must be achieved on a limited land. The means of an institutional restriction must be performed to use such a limited national land effectually and. logically.

We are recognizing a public infringement about a property right by the public neccesity, publicity & sociality. We have to exercise personal property right as a promotion of a social welfare in a welfare state. But it doesn't mean to ignore a private benefit in order to enjoy a public benifit. A varied restriction means have to be administrated in an area to protect a property right security of the people. Firstly, a 'basic' land act required urgently must be effectual in a standpoint of all-inclusive & long term to harmonize between a public interest and private interest. Secondly, a land transaction deal order must be established through a licensed real estate agent system operated.

Consideration is given to public interest before private interest is unavoidable to use a limited land by a restriction means effectually & logically. When our government officers emphasize this forced institution by a government power exceedingly. An impinged property right of the people cannot be compensated by the government now. As this result, an extraordinary phenomenon will be happened of the people loss compensation institution must be prepared by a principle of equality imposition. Therefore the land administration legalization must be fixed & Supplied for a public benefit & private benefit: a property right security.

The dimocratization of land administration must be attained for a promotion of a public welfare. A land policy must be achieved to use and manage our limited national land effectually.