토지공개념 3법에 대한 저항 및 지속성의 한계

토지공개념 3법의 도입·저항과 토지소유 제한의 지속성을 분석했다.

The purpose of this study is to analyze the introduction process of Public Concept of Land, the resistance in policy implementation process, limit of system sustainability and to find implications for future land policies. To this end, the applicability of the land public policy system, the feasibility of land ownership restriction, and the limit of policy implementation are derived. The concept of land ownership denies the unlimited right to ownership around the twentieth century and emphasizes the relative rights of land with constraints and obligations. In the case of Korea, the Constitution stipulates this, but actual laws are constantly under attack by unconstitutional lawsuits.

The three laws of Public Concept of Land Ownership is similar to the background of the introduction of the ‘Land Reform Idea’ of ‘Shilhak Scholars’, and these were analyzed as having justification and validity. However, institutional change is influenced by the dynamics between the members of society surrounding power. In particular, it is difficult to expect the institutional change if it is against the preferences and interests of the class enjoying privileged status. Through the adjustment process of these stakeholders, a new balance of power is formed, and until the appearance of another institutional change movement, the existing system is stabilized.

In this respect, the ‘Land Reform Idea’ of ‘Shilhak Scholars’ and The three laws of Public Concept of Land Ownership had an environmental variable and justification for institutional change, but there was a limit that could not go beyond the power relationship formed by power inequality, which was an obstacle to introduction and stabilization of the system do. Therefore, it is necessary to design the institution and policy based on the long-term perspective in order to realize land justice.