일본과 식민지 조선에서 성립된 토지소유권의 성격 검토 = Reviewing Land Ownership, as Established in Japan and in Colonial Joseon

일본과 식민지 조선에서 성립한 토지소유권의 성격을 비교했다.

This paper looks at the differences between Japan and colonial Joseon in terms of land ownership. The process of determining land ownership, in Japan and in colonial Joseon, exhibited clear discrimination. First, Land Tax Reform was reflected in land ownership which was confirmed as a result of the land change revision, whereas land ownership which was confirmed as a result of the Cadastral Survey of Joseon ignored traditional customs. Second, in colonial Joseon there was no system to raise objections to administrative dispositions, unlike in Japan.

Third, in Japan, the issue of original acquisition of land ownership became a problem only when dividing state-owned from privately-owned properties. In colonial Joseon, however, the results of the Cadastral Survey of Joseon were considered primary, regardless of whether the land ownership was state or private. Thus, land ownership was confirmed in colonial Joseon as a result of administrative dispositions, and the administrative agencies involved did not tolerate any judicial intervention. In effect, then, Japan created in colonial Joseon a kind of ‘colonial land ownership’ which had a different character from land ownership in Japan.