土地所有權의 法的規制와 그 實態에 關한 硏究 = A Study on the legal regulation of land and the realties of its

토지소유권의 법적 규제와 그 실태를 연구한다.

Land is the fundemental basis for the human life and at the same time, the essential base of production activities. Therefore it shall not be monopolized by a private person, but it shall be, in nature, property for all of the human beings. The study of a history of laws showed that the concepts and contents of land ownership have been evolved depending upon the transformation of social and economic situation. In the feudal age, landlords dominated the tenants through land tenancy. However, in the rational society thereafter, land ownership was evolved into a free, unrestricted and absolute domination under influence of liberalism and individualism prevalent at that time.

The major premise of absoluteness and inviolability of proprietorial rights has been invaded since the end of 19 th century with the emphasis on its limitation. Recently the issue of legislative limit on restrictions of property has been argued theoretically and judicially and in this point there is a tendency that the majority are on the side of H. P. Ipsen's thought that the Content may be freely constructed by legislation. Especially, on the land property the thought are prevailing that extraordinally strict social restrictions can be applied in consideration of the peculiarity of land differently from other general property. So land ownership had sociality and responsibility.

The rapid urbanization and industrialization which began in the Country have inevitably made land an object of speculation because of inelastricity of land supply, increase of land demand and rigidity of land market due to peculiarity of land. The problem on land hereby occured has finally became the Social problem. Now the legal grounds of speculation on land lie in the system of free proprietary rights. Therefore it is requested that a fundemental study should be made over land property in the Country in view of efficient use of the land which is the common ground of living of the whole people.

The aim of this thesis is to seek for a new law of land for future by clarifying and studying the present situation and the problems of ristriction of land property under the current laws by dividing the matter of such restrictions into private and public ones. The Social usefulness of land lies in studying various needs in life by actual use of land.

Thereafter land property should be guaranteed, but at the same time, it should be done under the condition that the use be proper and efficient and dedicated to the welfare of the whole nation and the policy to establish the sight on land to understand it as the basement of human lives in long term and new law system mainly for the guarantee of the use of land should be constructed.

序文 第1章 總論 第1節 硏究目的과 範團 第2節 硏究問題提起 第2章 土地所有權槪念의 變遷 第1節 土地所有權의 槪念 第2節 土地所有權의 進展 第3章 土地面積과 그 實態分析 第1節 土地面積과 利用現況 第2節 土地利用貪態現況 第3節 慶耕地面積比較現況 第4章 私法的 制限 構造의 實態 第1節 私法的 制限規定 第2節 韓國法律의 構造 第5章 公法的 制限 構造의 實態 第1節 公法的 制限規定 第2節 公法的 構造內容 第6章 土地所有權制限과 補償 第1節 所有權과 財産權 第2節 土地關係法과 그 制限 第7章 土地開發과 都市計劃 第1節 特定地域指定과 開發 第2節 土地區劃整理事業現況 第8章 人ㆍ家口等住居現況 第1節 人口實態現況 第2節 家口類型別實態現況 第9章 結論 參考文獻