土地公槪念法制의 改善方案에 관한 硏究 = (A) study on the legislation of the land public concept

토지공개념 법제의 내용과 개선 방안을 연구했다.

During past decades our country has accomplished a splendid economic grouth, and also experienced industrialization and urbanization. All these factors have led to overdemand for land and it has led to continuous rise of land price due to the shortage of land supply. The continuous rise of land price has brought out social discontentments. Land has been considered to be a target of special treat and governmental intervention in Land Market has been strongly desired. For the governmental intervention in land market, the characteristics of land property has been emphasized and a social restriction on land property has been justified in the name of the "Land Public Concept".

The government enacted and put into 3 Acts in connection with the Land Public Concept. In this thesis, I reviewed legal meaning of Land Public Concept, legal nature of land property and government's land policy in view of the Constiution. I also reviewed the relationship between the Land Public Concept and the right of property guaranteed by the Constitution. And then, I examined legal meaning of these Acts comparing with foreign systems, legislative objective of these Acts and how these Acts have been enforced. In addition, I examined the decisions of the Constitution Court on the Land Over-possession Profits and the Permission of Land Transaction.

I found that 3 Acts on the Land Public Concept contributed to their original goals such as the restriction of land speculation and stability of land price. I found, however, some problems in these 3 Acts such as tax resistance on the Land Over-possession Protits. Thus, I suggest some policy alternatives as follows; 1. To propose Basic Land Act which declares the principle of public welfare priority and which serves as a basic act in establishing and enforcing land policy; 2. To examine legal meaning of Land Over-possession Charge and Development Charge in order to explain its own characteristic which is different from other charges in administrative law; 3.

To enlarge a scope of housing lot ceiling area to overpopulated area including metropolitan area and middle-sized cities which have over 500 thousand population; 4. To improve specialty of local government's officials in examining and determining the development cost which is a factor of Development Charge deduction; 5. To coordinate a scope of land area in order to prevent tax resistance to avoid double taxation under The Land Over-possession Profits Act and The Transfer Income Tax Act and to try to find a solution to the legal problems of general delegation clause in these Acts which seems to infringe the tax principle under Article 59 of the Constitution.

目次 = ⅰ 第1章 序論 = 1 第1節 硏究目的 = 1 第2節 硏究範圍 = 2 第2章 土地公槪念法制의 意義 = 4 第1節 土地制度의 法制史的 考察 = 4 1. 1950年代 = 4 2. 1960年代 = 4 3. 1970年代 = 5 4. 1980年代 = 6 第2節 土地公槪念의 意義 = 7 1. 土地公槪念의 用語使用 混亂 = 7 2. 土地公槪念의 公法的 意義 = 8 3. 土地公槪念의 社會·經濟的 意義 = 10 第3節 土地公槪念法制의 導入必要性 = 12 1. 宅地所有上限에관한法律 = 12 2. 開發利益에 대한 還收關聯法律 = 13 第3章 土地公槪念法制와 財産權保障 = 15 第1節 財産權保障의 沿革 = 15 第2節 우리나라 憲法의 財産權保障條項의 構造 = 16 1. 槪觀 = 16 2. 財産權 保障의 法的 性格 = 17 第3節 財産權保障의 內容 = 20 1. 槪說 = 20 2. 私有財産制度의 保障 = 20 3. 財産權의 主觀的 權利로서의 保障 = 22 第4節 憲法上 財産權 制限規定 = 24 1. 槪說 = 24 2. 財産權의 內容 및 限界 = 25 3. 財産權의 社會的 拘束性 = 27 第5節 土地財産權制限의 憲法上限界 = 34 1. 土地財産權制限의 意義 및 根據 = 34 2. 土地財産權制限의 許容範圍 = 35 3. 土地財産權의 憲法上 限界 = 38 4. 土地財産權 制限과 관련된 具體的 事例 = 43 第4章 各國의 土地公槪念法制 = 76 第1節 外國의 土地公槪念法制 = 76 1. 槪說 = 76 2. 日本 = 77 3. 英國 = 79 4. 獨逸 = 84 5. 自由中國 = 89 第2節 土地公槪念法制의 主要內容 = 95 1. 宅