외국인 부동산 보유 관련 법적 쟁점 -규제할 권리와 간접수용을 중심으로-

외국인 부동산 보유 규제와 간접수용 관련 법적 쟁점을 검토했다.

This paper examined the payment waiver or indirect expropriation requirements of the land transaction license regime as a rule for foreign real estate investors. The next step was to examine the differentiation of rights relief from nationals when indirect expropriation is recognized. Although indirect expropriation is a necessary system to protect foreign investors, it is in tension with sovereign regulation due to its unclear scope of application. It is necessary to analyze the requirements for payment exemption through the lens of non-discriminatory regulation for public interest purposes to provide guidance for the implementation of legitimate administrative regulations.

In addition, the discussion on the differentiation between nationals and foreigners in terms of remedies pointed out the problem of expropriation-like infringement and sought alternatives to it.

Ultimately, the protection of foreign investors' rights through the recognition of indirect expropriation, which has an unclear scope of protection, exceeds the scope of property rights guaranteed by the Korean Constitution, and it is necessary to reconcile the problem of legal conflicts in advance by stipulating in the annexes that the scope of indirect expropriation is not different from the level of protection under domestic law when concluding treaties such as FTAs in the first place, and this should be applied to future treaties between countries.