土地所有權의 制限과 그 限界에 關한 一考

• 영문명: A Study on the Restriction of the Land Ownership and Limitation of the Restriction of the Land Ownership
• 발행기관: 한국부동산학회
• 저자명: 김상현(Kim, Sang Hyun) 이창석(Lee, Chang Suck)
• 간행물 정보: 『부동산학보』不動産學報 第36輯, 366~381쪽, 전체 16쪽
• 주제분류: 경제경영 > 경제학
• 파일형태: PDF
• 발행일자: 2009.02.15

영문 초록

1. CONTENTS (1) RESEARCH OBJECTIVES This study has an purpose to suggest the appropriate standard, suited to the current circumstance of the Korean real estate, on the restriction of the land ownership and the limitation of it. (2) RESEARCH METHOD study on the documents of home and abroad (3) RESEARCH FINDINGS The first of all, considering change of the concept of the land ownership, now the limitation of the land ownership is justified and emphasized socially 엳 새 the sociality and quasi public of the land. Secondly studying on the principal of the restriction of the land ownership, the property should be understanded as a concept which is changed by time and place and then on the argument the restriction should be inherent in the concept of property. It will help the right interpretation of problems, followed the restriction of the property as well as the right misuser etc. Additionally the property would by restricted by the social constraint under the article 23 of the Constitutional Law. Finally considering on the limitation of the restriction of the land ownership, the essential contents of the land ownership is the private use of the land and the disposal competence in principle. If the restriction infringe on those, it would not be admitted. The private use of the land has an active mean in these days. And there should be excluded the principle of the excessive prohibition as the standard of building limitation of the restriction of the land ownership. 2. RESULTS Today, the limitation of the land ownership is justified and emphasized socially due to the sociality and quasi public of the land. The property should inherent the restriction of itself. This will help the right interpretation of problems, followed the restriction of the property as well as the right misuser etc. Additionally the property would be restricted by the social constraint under the article 23 fo the Constitutional Law. The essential contents of the land ownership is the private use of the land and the disposal competence in principle. If the restriction infringe on those, it would not be admitted. The private use of the land has an active mean in these days. If only there is the labor or capital investment in order to actualize an abstranc competence, that right will be approved. And there is an question if the principle of the land ownership should be applied in the legislation of the law of property as like the limited legislation does in the fundamental right such as the freedom of conscience, the freedom of expression and so on. Because the land ownership's right of the legislative formation is admitted wider than other property right due to the sociality and quasi public of the land. By the way, if it is applied that the minium of the infringement or the equivalence of the legal interest in the principle of the excessive prohibition, that the legislatvie formation is admitted widely would not have any meaning. Therefore that would not use as a judgement standard of the principle of the excessive prohibition if that was enacted by the National Assembly or that does not have the rationality at all. Those would be extensively approved that the adjustment of the established property order through a social policy, a tax policy, an economic policy and so on and the possibility of the limitation of its individual concrete property. That is the way to bring polarization of wealth to a rational settlement. 3. KEY WORDS the restriction of the land ownership, the limitation of the restriction of the land ownership, the sociality and quasi public, the private use of the land, the principle of the excessive prohibition

목차

Ⅰ. 序 論

Ⅱ. 土地所有權 槪念의

Ⅲ. 土地所有權의 制限原理

Ⅳ. 土地所有權制限의 限界

Ⅴ. 結 論

abstract

參考文獻

키워드

the restriction of the land ownership the limitation of the restriction of the land ownership the sociality and quasi public the private use of the land the principle of the excessive prohibition