청정 지하저수지 개발,이용을 위한 토지소유권 관념의 재검토 -청정 지하저수지 개발,이용 사업을 위한 법정책적 관점에서- = A Review on the Land Ownership for Development and Use of Clean Underground Storage of Water -From the Prospect of Legal Policy for Development and Use of Clean Underground Storage of Water-

지하저수지 개발·이용을 위한 토지소유권 관념을 재검토했다.

Since the late 20th century, the water crisis including shortage and depletion of water resources has been becoming a matter of great concern facing the international society, causing many countries worldwide to make multilateral discussions and attempts in order to secure clean and stable water resources in terms of policy, technology, legal system, etc. In this context, among various means of developing alternative water resources, “clean underground storage of water” has attracted people’s attention as a useful measure.

However, the development and use of clean underground storage of water will necessarily cause some critical legal issues such as the relationship between land ownership and the right to develop and use clean underground storage of water. Accordingly, the legal problems need to be previously solved to secure the balance between economical efficiency and public welfare as well as the smooth promotion and enforcement of the project.

Based on this perception, this article begins by considering the general concept and scope of land ownership under the current 「Civil Law」 provisions, which may be an important legal issue in the clean underground storage of water(Ⅱ); reviews the relationship between land ownership and the right to underground water(Ⅲ); and finally, from the perspective of legal policy, analyses and presents a legal basis for the right to the development and use of aquifer, separated from land ownership for the purpose of clean underground storage of water(Ⅳ). The authors expect this article to contribute to development and establishment of legal and institutional bases.