土地所有에 대한 認識의 轉換 = (The) Conversion of Our Percption Relative to the Land Ownership

토지소유제도의 성격과 소유권 규제 필요성을 고찰했다.

With regard to the modern land ownership system, the following points comprise the main subjects to be discussed herein. First, the land ownership system should be formulated to materialize the freedom of human, and at the same time regulated in order not to be abused. Differently from other goods, the land should not be owned by some specific persons from its land characteristics that it is not augmented and is limited, since the exclusivity can act with the selfishness of human, causing the conflicts among people.

Secondly, the individual human exists as a social though exist as a truth body of personality, the individual should live along in the midst of the freedom, personality, rationality and harmony. In other words, regardless of either of those who do own land or not, they should be free from its use of goods that are common to the entire humans as a constituent member of the entire society. Thirdly, the objective of land development should meet the public interests, and the privatization of development profits featuring an unearned income should be resolutely regulated, thereby recovering such unearned income for the public benefits and for redistributions.

In addition, the land should be placed to maximize the efficiency in its use, and also a priority should be placed to conserve the land resources. Land, as a common resource when viewed from its characteristics, should be passed over to the descendants, and should be given its special significance in its conservation. In order to systematize these points mentioned above, deciding the type of ownership relative to the land ownership should be based on the establishment of the concepts as to the land ownership as its basic foundation.

Though basically land is the subject of value that exists for the humans, the reverse function requires new changes, which is occurring due to its ownership formed for the purpose of protecting the vested rights. Consequently, after considering the true nature of human at full length, the conversion of perception relative to the land ownership should be established in the following direction. First, the perception conversion from the subject of ownership to the subject of management As the land is an indispensable element to the survival of people just like the water or air, it should be studied from the viewpoint of value with the historical consciousness as a means of human survival.

We must well recognize in mind that land is the common basis of the human production and human life, and further it is the natures inheritance due to our descendants. In addition, it is not such a kind of article belonging to the properties that can be produced by the labor activities of humans. As mentioned above, viewing the land as the subject to be in possession will result in more admiring to own more and more lands, as the exclusivity of ownership becomes to combine with the selfishness of humans for its characteristics, which in return places too much emphasis on the wealth, finally leading to the source of social conflicts.

Acknowledging the exclusive ownership relative to the part of land surfaces disables to gain access to the corresponding lot from others, which can threaten other peoples rights to live, and also can be an obstacle to the freedom of self-realization. The land, from its characteristics by nature, cannot be produced by any efforts of humans, and nor be the subject of either consumption or goods. Basically, land should be used for the achievement of the totalitarian objective as well as the individual objective of humans.

Therefore, as the land, which has the original properties of being fixed, perpetual and not being increasing, is individualistic and scarce, it is neither reasonable nor justifiable to view the land as belonging to the individual personal property.

In addition, as human lives in the environment prone to be affected by the bad rather than the good, it is easy to pursue selfish desire coming from the selfishness of individual, despite the characteristics of land that is allowed recognized as the private ownership like in the case of goods, land can be an obstacle to its reasonable use, and further, can be hindered from its reasonable uses for the totalitarian objective, bringing about the inequality in the distribution of wealth and the social conflicts. Therefore, not from the subject of consumption or goods, but from the living foundation, land should belong to the subject of bei ng controlled in common by all humankind.

Secondly, the conversion of perception toward private ownership from public standpoint We human beings have both the totalitarian objective and individual objective simultaneously, leading our life with the family as its basic unit. With the structure of the family focused on the love as humans true character, its constituent members get along each other. Furthermore, we enjoy our freedom within the fences of family, and exist equally for all of us. However, the equality can only be a real equality in the midst of respect for the qualificatory position either as parents, children, or sisters or brothers, and the freedom can be only enjoyed within the fence of equality.

From the point that the extension of this family concept becomes society, and forms the nation, and composes the world, the right form can be achieved when the ownership type in the family becomes applicable to the society that we belong. The ownership in the family can be either the ownership in common between family members, or the ownership of individual. With the lands placed as the central point, it does not give any inconveniences to the individual use since the lands should be used in common for the family welfare, thereby the sacrifice of individual can be endured with such a mind of happiness. This is because that the love of the spiritual chief support is based underneath.

This type of structuring the family can be termed private ownership from its public standpoint. When making an

제1장 서론 = 3 제1절 연구의 배경 및 목적 = 3 제2절 연구의 범위 및 방법 = 6 제2장 토지소유사상의 변천 = 8 제1절 개관 = 8 제2절 우리나라 토지사상의 변천 = 9 I. 왕토사상 = 9 II. 근대적자유소유사상의 계수 = 13 III. 토지공개념 = 14 1. 토지공개념의 등장배경 = 14 2. 개량주의적 토지사상으로서의 토지공개념 = 15 제3절 서양토지사상의 변천 = 16 I. 고대의 토지사상 = 16 1. 고대 이스라엘 = 17 2. 고대 그리이스 = 19 3. 고대 로마 = 21 4. 고대 게르만 = 23 II. 중세 봉건사회의 분할토지소유 = 25 1. 중세유럽의 시대적특성 = 25 2. 분할 소유권의 내용 = 27 3. 분할소유권의 해체 = 30 4. 敎父들의 토지소유사상 = 31 III. 근대자본주의사회 = 33 1. 사상적 배경 = 33 2. 로마법의 게수 = 40 3. 근대적 토지소유권의 내용 = 41 IV. 근대 토지소유사상의 변천 = 42 제4절 토지소유사상 변천의 역사성 = 44 제3장 현대의 토지소유 사상 = 46 제1절 현대의 토지소유사상 = 47 I. 사회주의 토지소유사상 = 47 1. 사회주의 토지소유사상의 형성 =47 2. Kari Marx의 토지소유사상 = 48 II. 개량주의적 토지소유사상 = 51 1. 개량주의적 토지소유사상의 형성 = 51 2. 개량주의자들의 토지소유사상 = 52 III. 현대토지소유권의 특징 = 60 1. 사회주의적 소유권 = 61 2. 개량주의적 소유권 = 62 제2절 토지소유권의 현대적 과제 = 62 제4장 토지소유결정의 구성요소