不動産犯罪의 豫防에 관한 硏究

부동산 범죄 예방과 부동산 거래에서 재산권 침해 문제를 연구한다.

In accordance with free contract practised by a system of the transaction of real properties, especially in view of economy, numerous mishaps occur in relation to the transaction of real properties, which is being emerged as a serious social problem, Such mishaps not only disturb regularity in the transaction of real properties but also is began to appear as an element of direct or indirect infringement into the exercise of the property right of the people. Iin this thesis, as a step of annihilating such mishap, it is definded as a criminal action in view of criminal code and an approach is made to realize theoretical systematization of such criminal actions.

Although this kind of criminal action can be defined as a sort of swindling, or usurption or malpractice, it is pointed out in this thesis that new enactment of law concerning the criminal action in relation to disseisin as a warning of severe legal punishment against such criminal action and as a measure for the prevention of such criminal actions.

it is also pointed out, however, that it is necessary to induce a system of qualification concerning real properties as other countries do or systematic improvement should be achieved so that all peoples can have specialized knowledge of real property, since prevention of such criminal action is more reasonable for the protection of the property right of the people rather than legal punishment against such criminal actions. Further, it is considered that adoption of a system for the analysis of real property right, unified handling of real property register and cadastral maps and the likes are good measures for the prevention of criminal actions in relation to real properties.