국유재산과 공물의 비교고찰

Abstract

In Korea, the theory of Public Objects law has developed relatively abundantly and stably with the French concept of Le domaine public, centering on Germany's Öffentliche Sache concept. while in Germany Public Objects and State property have been treated separately, while in France have been treated the same in the same legal system. Germany's Öffentliche Sache and France's Le domaine public are both translated as Public Objects, but since the latter includes the concept of administrative property, it has somewhat affected the tendency of theories and precedents to view administrative property and Public Objects as the same. In addition, the Korean State Property Act divides administrative property into official use, public use, and preservation use under the influence of the Japanese State Property Act. and as a result of not distinguishing between Administrative Property and Public Objects, Public Objects is divided into official goods, public goods, and preservation goods. This classification of Public Objects is not seen in Germany and France, where Korea's Public Objects law theory has been affected. In Korea, Public Objects law has developed as a part of the special discussion of administrative law, theoretically and academically, while the state property act developed in practice and positive law. because of low academic interest the latter’s development is limited. The State Property Act was enacted in April 1950 as the Financial Administration Act and was repeal enacted in November 1956. and after 22 revisions, it has introduced unique systems for the management and disposal of state property. and With the Commodity Management Act, Act on the Management of Military Supplies, State Credit Management Act, Management of the National Funds Act, and 「State Forest Administration and Management Act」, and 「Public Property and Commodity Management Act」, an independent financial administration law system different from Public Objects has established. State-owned land accounts for about 25% of the total land area, and the monetary value of state property is about 4,500 trillion won, accounting for about 27% of the total national assets. By understanding the state property act as a part of the Public Objects law, which is a benefit administrative corporation, confusion was caused not only in the state property act but also in the understanding of the Public Objects law. Public Objects Act is a public service provided to the people by administrative entities such as the state, and belongs to the realm of benefit administration and has many external provisions, while State Property Act belongs to the area of financial administration law, has many internal provisions, and has strong administrative organizational aspects. On the premise that State Property and Public Objects are different in concept and nature from each other and belong to an independent regulatory system, we hope that realistic and positive legal study on them will develop.