토지공개념과 토지이용제한

토지공개념에 따른 토지이용 제한의 법적 근거와 방향을 검토했다.

Since the 1970s, the state has been promoting the development of land by promoting the development of the land by promoting the development of land, Land use restrictions have been made on the basis of law. Recently, the government has stipulated the basis for further strengthening the land public opinion in the Constitution in order to dissolve the polarization of income, to suppress land speculation, and to find a way to restrict land use in individual laws. In this paper, we clarify the concept of land public opinion and clarify that it is not a concept that is limited to the polarization of income and the suppression of land speculation.

It is a concept that covers the balanced development of national land and the establishment of the order of national land use. The land use restricting system such as the so-called development profit return method and the land use restricting system in the individual law in the land use limitation law, the land use planning law, and the real estate tax law.

From the 1972 Constitution to the current Constitution, the land public opinion has been stipulated, and since the legislator has relaxed or strengthened the concept of land ownership by considering the economic conditions of the state through individual laws, The public interest welfare of the land, the public need for the land, the development, utilization and conservation of the land, the principle of the livelihood of the agricultural land, the distribution of the income appropriately, the democratization of the land, And the maturity of the public nature of the land use restriction system.

Even if the land public opinion is strengthened through the amendment, it will be said that it does not infringe the essential matter of property guarantee, principle of equality, principle of excessive prohibition. In addition to the development fee, public contribution system, transfer income tax system, and excess return system for reconstruction, there is a system to return the development profit within the development project area to the developers and residents of the development project. The problem of infringement of the principle of equality will be absent. Therefore, the issue of reintroduction of excess tax on land or public land tax will be examined.

The question of the question of the unconstitutionality of the land transaction clearance system, the question of whether the development right and the use right can be separated from the land ownership, the ownership of land ownership, the separate development right and the right of use are the national and local governments And to find ways to regulate land use restrictions reasonably.