土地利用 效率化를 위한 土地適正 所有方案에 관한 硏究

토지이용 효율화를 위한 적정 토지소유 방안을 연구했다.

Land is the space that orgarize the basis of human life. Human being obtain the necessary goods for their living from land. Yet, land has the spacial characters unlike general goods. Its are the fixed location, limited transferabiltty, limited quantity, non-reproductabtiity and non-consumption. Though land is limited in quantity, human being need it more and more according to economic and secial development. Therefore the efficiency in using land and management of it has influence more and more on the public welfare and nation's de-velopment.

The gap of need and supply of land promots the rise of land prtce, and the rise of land price has strong influence on the maldistribution of the public welfare. So, land policy has become the important task for the efficiency in using land. In Korea, the speculation over land has promoted the rise of land price since 1960's. The rapid rise of land price has become the social problems. And the shortage of usable land has become severer recently. The Korean system of land owner-ship and use could negatively affect human existence by worsen-ing the living conditions of those who do not own land.

A study on the improvement measures of optimum land ownership for the efficiency in using land is necessary to improve this situation. The purpose of this study is that induct the measures for the improvement of those problems. In this study, to analyze the actual conditions of land ownership in Korea, I analyzed those of Dae Jeon. And then I did analyze the preventing key figure en efficiency in using land. And I investigated the influence of maldistribution of land ownership. I studied the problems over the system that promote the maldistribution of land ownership.

And, comparing the system of land ownership in Korea with them of the foreign nations, I presented the measures for the improvement of our actual conditions over land ownership. Two types of measures can be taken, direct measures and indirect measures. Direct measures establish an upper limit on the land owned by an individual, while indirect measures regulate land ownership by recapturing windfall profits from land owner-ship and enforcing other burdens on land ownership. In Korea, both measures can influence effectively on the problems over land. However, direct measures do not sufficiently optimize land ownership.

In order to enhance the effectiveness of these measures as means of controlling land wwnership, some improvements should be made. Non-agricultural land should be regulated under the upper limitation system.

The indirect measures studied in this research include; the implementation of an integrated property tan system which imposes an incremental tax according to the amount of land owned, the more effective implementation of vacant land control policies to acce-lerate the use, development and disposition of such land, the expanded implementation of the system to recapture windfall profits in order to return the benefit of development te society, and the expansion of the extent of the independent use right from land ownership.

Direct measures are more effective in controlling the amount of land owned, while indirect measures are more effective in re-ducing negative social responses as such measures can be imple-mented within the traditional social culture and political system, and in coordination with other policies. In this study, we have to accept the thought that the public welfare is more high subject than private profit in national policy. And, the measures for the improvement of optimum land ownership don't have to harm the characters of capitalism.

目次 = ⅰ 第1章 序論 = 1 第1節 硏究의 目的 = 1 第2節 硏究의 範圍 및 方法 = 4 第2章 우리 나라 土地所有 實態와 問題點 = 6 第1節 土地所有實態 = 6 I. 一般現況 = 6 II. 地目別 土地 偏重所有實態 = 10 III. 土地選好 要因 = 14 IV. 土地資源의 不均衡分配가 國民生活에 미치는 영향 = 21 第2節 土地所有制度의 問題點 = 26 I. 制度的 側面의 問題點 = 26 II. 所有權行使的 側面의 問題點 = 28 第3章 土地의 適正所有를 위한 外國의 制度 = 33 第1節 土地所有上限制 = 33 I. 台灣 = 33 II. 印度 = 34 第2節 土地의 所有·去來 規制와 利用 制限 = 35 I. 日本 = 35 II. 英國 = 39 III. 西獨 = 40 第3節 土地親制 = 42 I. 台灣 = 43 II. 英國 = 45 第4章 土地所有의 適正化 方案 = 47 第1節 土地所有權에 대한 認識의 轉換 = 50 I. 土地所有權의 基本理念의 轉換 = 50 II. 憲法上의 財産權 保障과 그 內在的 制約 = 54 III. 財産權의 社會的 制約과 土地의 公槪念 = 59 IV. 土地의 公槪念에 대한 批判 = 65 第2節 土地所有 適正化를 위한 구체적 方案 = 77 I. 土地所有上限制 = 77 II. 綜合財産稅制의 施行 = 80 III. 開發利益의 還收 = 85 IV. 遊休地措置의 施行 = 88 V. 利用權 獨立의 範圍 擴大 = 90 第3節 施行上의 優先順位 = 93 第5章 結論 = 96 參考文獻 = 99 英文抄錄 = 104