土地에 대한 公法的 規制와 公示地價制度 = (A) study on the restriction in public law on land ＆ the system of land prices by public announcement

토지의 공법적 규제와 공시지가제도를 연구했다.

The problems in relation to land occur because of the use, development and preservation of land, which are various according to country, age, opinions of people, etc. However, in spite of variety in the concept of land problem, if all such concepts include how to define land problem and how to improve it, land problem is the very national problem to be solved which jas influence on the existence and development of the country, In this point, as a pre-stage for efficient and fair solution of this problem, we can not help depending on a land policy of the nation to solve land problem basically.

There are many ways in many fields to solve land problem, which are tax system, money, finance, housing construction, preparation of housing sites, land use, appraisal of real estate, title analysis, mediation, announcement of land prices, land expropriation, supporting policies for housing industry, etc. But, since these methods are used differently and each result of its application is various according to each country's law system, economic or. financial status, actual land distribution condition, thinking of people on land and law, etc., it is very difficult to set a method as a standard and to design and execute a policy fully suitable to the set method.

In this point, the land policy should be treated as a total policy. Generally, it is very important to utilize some methods which have connections each other methodically and for this reason, many people claim that an effort to appraise function of the method given is necessary in order to appraise the function of policy totally.

Also in the Korea, in order to come true the idea of social welfare nation, in order to establish and come true the economic definition which corresponds to economic development, in addition, as a policy to utilize as a common base for security of living right of all people, the restriction system in public law on land is executed with being magnified and the system of land prices by public announcement is uniformed.

The magnified restriction system on land are the establishment of the law on top limit of ownership of housing site, law on taking back of development interest, land excessive income tax law, special accounts law for regional control and regional balance development and the law on land prices by public announcement and appraisal of land, etc. The features of these innovative legislation have the background of vice fundamentally such as speculative dealing of land, sudden rise in land prices, disproportionate ownership of land and private owning of developing interest.

And the object and fundamental direction of its establishment are appropriation of ownership by limiting land ownership, real owning of land through the restriction of land dealing, restoration of unearned income to the society by taking back developing interest and efficiency consideration of land use by restricting excessive preservation of land by companies. In order to achieve the above objects, in Korea, large scaled uniformed system of land prices by public announcement unparalleled in the world is executed. The system of land prices by public announcement are utilized appropriately in each administrative object and in the aspect of the protection of property right of people.

In the era of information society of today, in the aspect of providing useful land price information for people, various and deep improvement method are as follows for the security of confidence of land prices by public announcement itself so that the system of land prices by public announcement can be operated efficiently. First, as an improvement method in system, 1) the system of the law of land prices by public announcement should be amended totally.

Regarding the regulation on appraiser and appraisal business provided in the chapter 3 of the law of land prices by public announcement, a separate independent enactment of "the law of appraiser" is necessary and in addition, in chapter 2 of the investigation, appraisal and land prices by public announcement, regarding the article related to investigation and appraisal, "appraisal law" should be enacted by integrating provisions concerning appraisal such as criteria, method, etc., spreaded in each individual law including the restriction on appraisal and other public special law in accordance with the land prices by public announcement.

2) It is required to secure competent appraisers who gave a sense of duty by coordinating reasonal test subjects of appraisers' qualification test system. 3) A method to make land appraisal committee and a department in charge of calculation of individual public announcement of land prices be independent should be sought for. Second, as an improvement method in appraisal, 1) the concept of appropriate price claimed in land prices by public announcement should be well established as a normal price based on the principle of marketability. 2) A concrete appraisal criteria for standard land prices by public announcement and developing land prices by public announcement should be prepared.

Third, as an improvement method for general problems, the density of standard land should be set not by the quantity of lot uniformly but by analyzing structure of distribution of land prices of the area concerned. And the standard index of the whole nation should not be fixed by a certain lot(current 450,000 lots) but should be operated flexibly according to the result of deliberation of the committee based on the result of analysis of appraiser.

And regarding the replacement of standard land, it should be decided under the cooperation of an appraiser in charge of the region and a public official in charge of investigation of land prices and it should be operated flexibly so that independent and specialized local land appraisal committee can deliberate and resolve it. Forth, as an improvement method in application and operation of land prices by public announcement, in case of purpose of imposing taxe

目次 = ⅰ 第1章 序論 = 1 第1節 問題의 提起 = 1 1. 土地問題의 意義와 現況 = 1 2. 土地의 公共性과 土地政策 = 4 3. 土地政策과 財産權保護 = 8 第2節 硏究目的과 硏究方法 = 12 1. 硏究目的 및 範圍 = 12 2. 硏究方法 = 14 第2章 土地規制와 土地所有權 = 19 第1節 土地의 公法的 規制의 意義 = 19 1. 土地公槪念과 公共性 = 22 2. 土地所有權의 制限과 특별한 희생 = 24 3. 憲法理念으로서의 土地公槪念 = 26 4. 土地의 公共性 = 30 第2節 土地規制法律의 內容 = 33 1. 개요 = 33 2. 土地去來許可制 = 35 3. 宅地所有上限制 = 38 4. 開發利益稅種制 = 42 第3節 土地公槪念立法과 地價公示制鹿 = 50 第3章 公示地價 制度 = 59 第1節 公示地價 制度의 確立 = 59 1. 公示地價制度의 立法背景 = 59 2. 公示地價 - 地價體系 一元化의 確立 = 60 第2節 公示地價의 法理 = 65 1. 公示地價 = 65 2. 適正價格과 正常價格 = 66 3. 基準價格 = 72 4. 個別的 · 具體的價格 = 73 5. 裸地상정가격 = 74 第3節 公示地價의 法的 性質 = 75 1. 序說 = 75 2. 標準地 公示地價의 法的性質 = 77 3. 個別公示地價의 法的性質 = 80 第4節 公示地價의 算定方法 = 88 1. 標準地 公示地價 = 88 2. 個別公示地價 = 94 第5節 公示地價와 權利救濟 = 101 1. 公示地價의 異護申請 = 101 2. 公示地價의 行政訴訟 = 105 3. 鑑定評價 - 公示地價制度 = 113 第4章 公示地價制度의 問題點 = 115 第1節