土地公槪念制度의 定着化 方向에 關한 硏究 = (The) Orientation of the Land Pubilc Concepts and Implementation of the Land system through the Concept

토지공개념제도의 정착 방향과 토지소유권의 공공적 제한을 연구했다.

The concept of land owership, as being a product of the time, has been evolved depending upon the transformation of social and economic environment. Modern land ownership established on the basis of liberalsim and individualism changed into an absolute land owership. Land is the fundamental basis and the environmental resources for social, economic and cultural lives of human beings. Therefore it shall not be monopolized by a private person, but it shall be, in nature, common property for all of the human beings. Recently, the demand for land being increased greatly by concentration on cities followed by urbanization and industrialization, problems in land are raised.

Land problems which are mingled with inequal problem around land possession, rapid increase of land price through the wide spreading of land speculation, the private possession of the windfall profit, and inefficient utilization of land, etc., have developed into social problems that should be solved immediately and throughly. To solve these problems, and ownership is requested to be restricted reasonably.

Therefore our country has enacted, implemented many laws which have it's contents of restriction, on the land ownership, on the utilization, interests and disposition of land ownership in the sense of so called "public concept of land." But the present legal system on land ownership has a lot of defect and vulnerable point when we try to solve the current land problems. In order to solve the land problems and to accomplish the goal of the land policy that is required as set forth below.

Firstly, in order to prevent the land from being the object of speculation, establishment of public concept of land and legal system for its embodiment should be precede, for which positive social movement are quite required to alter each individual's consciousness on land. Secondly, so as to make the long-ranged measures in the progressive way to change one's view of real estates from the concept of "possession"to that of "use", ownership of land and its right to use should be separated and also, the right to use land should be protected by law as a independent right.

Thirdly, it is required to expand the national and the public domain through the purchasing of idle land and the use of prior purchasing right in order to make smooth executiveness of public development and land policies.

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와 方法 = 2 第2章 土地所有權制度의 一般的 考察 = 4 第1節 土地所有權의 槪念 = 4 第2節 土地所有權의 制約制度 = 7 1. 土地의 公益槪念과 土地所有權 制約制度 = 7 2. 土地所有權制度 制約의 形態 = 9 (1) 憲法上의 制約 = 9 (2) 民法上의 制約 = 10 (3) 公法上의 制約 = 12 3. 土地利用의 公共性 = 16 第3節 土地所有權 槪念의 再定立 = 18 1. 土地所有權의 公槪念 擡頭 = 18 2. 公槪念의 意義 = 19 3. 現代的 土地所有權과 公槪念과의 比較 = 21 第3章 土地公槪念 導入의 必要性 = 23 第1節 土地所有 現況과 問題點 = 23 1. 土地供給의 制限 및 土地需要의 增加 = 23 2. 地價上昇과 土地投機 = 26 3. 開發利益의 私有化 = 27 4. 土地所有의 偏重現象 = 28 第2節 土地政策과 土地公槪念 = 31 1. 土地政策의 目標 = 31 2. 土地政策의 手段 = 32 3. 土地政策의 흐름과 土地公槪念 = 37 第3節 土地公槪念 擴大方案 = 39 1. 導入背景 = 39 2. 公示地價 = 40 (1) 意義 = 40 (2) 公示地價의 目的과 適用範圍 = 42 (3) 公示節次 = 43 3. 綜合土地稅 = 44 (1) 意義 = 44 (2) 制度의 特徵 = 45 (3) 課稅對象土地의 類型 = 45 4. 過多保有 抑制 = 46 (1) 宅地所有上限 = 46 (2) 林野賣買證明制度 = 47 (3) 企業의 土地過多保有抑制 = 47 5. 不勞所得의 社會還元 = 47 第4節 土地公槪念 導入에 대한 國民意識調