公權力에 의한 土地所有權의 制限 = (A) Study on the Limits of Landownership in Public Law

공익과 사유재산 보호의 조화를 중심으로 공법상 토지소유권 제한을 연구했다.

In order to protect the rights of private property and utilize land efficiently, this paper is an attempt to study the limits of landownership, that is how to deal with the conflicts between the rights of private property and the use of land for the public welfare in public law. Since land cannot be produced or reproduced, it is therefore different from the other goods. In modern states, land has been developed and utilized in a disorderly fashion, leading to the destruction of the natural environment and the depletion of natural resources due to a lack of land planning.

The right of private property have been restricted by public law recently so that the land may be effectively utilized, preserved, developed and improved in the public interest. In that the public welfare and land planning have taken proiority over private property rights through an infringement by the public law, it is proposed that compensation procedures should be undertaken for the restoration of private property rights. It is concluded that after these problems are analyzed and compared with the laws of foreign countries, the speculation of land should be controlled in order to restrict the disorderly use of landownership.

Chapter Ⅰ is an introduction explaining the purpose, the necessity and the object of this paper. Chapter Ⅱ deals with the characteristics of landownership, the changes in the conception of landownership, the relation between the right of landownership and the right of land utilization, and the security of the constitutional right of property and landownership. Chapter Ⅲ contains examples of relevant laws in foreign countries such as Japan, the U.S, England and West Germany. Chapter Ⅳ explains the aspects and foundations according to public welfare and the restriction of property ownership.

Chapter Ⅴ deals with the limits of landownership and seeks to explain and analyze the plan of land utilization, the security of property ownership, the restriction of landownership ,the compensation of loss and the protection of private property. Chapter Ⅵ is the conclusion, in which the need for the new recognition of landownership and the undesirability of infringement substantial of landownership.

목차 = 1 Ⅰ. 序說 = 4 Ⅱ. 土地所有權의 本質 = 7 1. 土地所有權 思想의 變遷 = 8 2. 土地所有權과 土地利用權과의 關係 = 13 3. 憲法上 財産權保障과 土地所有權 = 15 Ⅲ. 外國의 立法例 = 19 1. 日本 = 19 2. 美國 = 20 3. 英國 = 22 4. 西獨 = 23 Ⅳ. 公共福利와 財産權制限 = 26 1. 土地所有權制限의 根據 = 29 2. 土地의 公法體系 = 33 3. 土地에 대한 公法的制限의 態樣 = 37 Ⅴ. 土地所有權制限의 限界 = 40 1. 土地利用計劃과 財産權保障 = 44 2. 土地利用計劃과 土地所有權制限 = 48 3. 土地利用計劃制限과 損失補償 = 52 4. 土地에 대한 計劃制限과 地域的拘束性 = 58 5. 計劃行政과 節次法上 私權保護 = 64 Ⅵ. 結語 = 71