地價規制法制에 관한 硏究 : 土地所有權制限의 法理와 關聯하여

지가 규제 법제와 토지소유권 제한의 법리를 연구했다.

Since 1970, the law on the land value control have been continually increased in Korea. In 1980, our country had the most of the land value control laws in the world. Having the many kinds of the land value control laws, now our country seems to be an international exhibition place of land value control. But even in our country which has the most various land value control laws in the world, many questions are given : Do we get the control device through the control laws? Does the land value become more stable? Is the justice of distribution realized by controlling the land value? Is it a great help to the effective use of land?

We made a theoretical study to resolve these questions in this article. In introduction, we made the purpose, subject and method of this study clear. Next, we gave some basic considerations about land value and its control. Understanding of the meaning, decision and change of land must be preceded to consider the effect of the land value control. And we studied many various discussions about it, and how the social movements for the land value control have been developed historically, and how the social idea in the theory of rents became transformed into the theory of the land value and how it took sociality. The land value control is made by controlling of the land ownership.

Centering around the modern land ownership by the French Revolution, we considered the principle of law the land ownership control before and behind it. The land value control was regularized after the modern land ownership. Therefore we considered how the problems of land value are treated in our country and many others, and the character and constitution of the law of the land value control. There are many single-laws for the land value control, and these are an important point of the law of the land value control. And we considered the difference between those and the law of control of land use, and its constitution.

We considered the law of the land value control according to our country's case. We gave concentrated study on the control effect of the law of the land value control relevant to control forms. We deduced after to examine the effect of control examining the result of the problems of land value stabilization, distribution and effective use of land. We examined the problems of the land value control and proposed some solutions of those problems. The law of the land value control law are too much complicated and its numbers various. But most of them are effective in spite of their kinds and amounts. Most of the laws of the land value control don't reach to the land value stabilization.

These are not particularly useful for the justice of distribution and rather seem to distort it. And the most serious problem is emerged from the facts that certain laws obstruct the effective use of land. Why do these evil laws exist? It comes from the wrong recognition on the land value and the wrong prejudice on the effect of the land value control. And also it is due to some related groups and intellectuals use the uncertainty conception - such as KONG conception of land - for a legal one. The land value stabilization should be accomplished through the regulation of the amount of goods in the land market.

The problems of distribution should be solved through the residual stabilization and the active welfare policy for the poor. In 1990's we are in the period of stability of the land value. We could resolve the problems of the land value through market operation. Therefore, we think many of these laws of the land value control should be abolished or improved soon.

목차 제1장 序論 = 1 제1절 論議背景 = 1 제2절 硏究目的 = 3 제3절 硏究範圍 및 方法 = 6 제2장 地價規制에 관한 基礎的 考察 = 8 제1절 地價의 槪念과 決定 및 變動 = 8 I. 地價의 槪念 = 8 1. 地價의 뜻 = 8 2. 理論的인 地價와 現存하는 地價 = 9 3. 價値를 反映하는 地價 = 11 II. 地價의 決定 = 16 1. 需給모델로 보는 地價 = 17 2. 需要因子로 보는 地價 = 22 III. 地價의 變動 = 23 1. 地價變動의 要因 = 23 2. 地價變動의 모습 = 25 제2절 地價規制의 理念性과 地價問題 = 26 I. 社會性으로서의 地價 = 26 1. 地代와 地價와의 關係 = 27 2. 社會性으로서의 地代와 地價 = 37 II. 地價問題 = 47 1. 明確히 해야 할 論點 = 47 2. 地價問題의 認識 = 49 3. 地價問題의 所在 = 55 제3장 土地所有規制法理와 地價規制法制의 構圖 = 57 제1절 土地所有權의 制限法理 = 57 I. 土地所有權의 制限法理 = 57 1. 土地所有權의 變遷 = 57 2. 近代的 土地所有權 = 66 3. 土地所有權의 制限法理 = 67 II. 所有의 社會性과 地價規制法理 = 70 1. 所有의 社會性 = 70 2. 土地所有制限으로서 土地規制法理 = 72 제2절 地價規制의 沿革 = 76 I. 외국의 境遇 = 76 1. 英國 = 76 2. 獨逸 = 79 3. 臺灣 = 82 4. 日本 = 85 5. 其他 = 88 II. 우리의 境遇 = 90 제3절 地價規制法制의 性格과 構圖 = 99 I. 地價規制法制의 性格 = 99 1. 土地法의 一部 = 99 2. 地價