지하공간에 대한 토지소유권의 효력범위

Abstract

As scientific technology is developed these days, use of underground space has been diversified to such an extent as to build traffic facilities or facilities for use of city under the ground and the depth of underground space has also been deepened. Active use of underground space has great significant in a sense that it is capable of solving the acceleration phenomenon of urbanization by solving short supply of ground space. Notwithstanding application of underground space of land and the necessity of the regulation for the aforementioned is growing as days go by, but the Civil Law regulates it in the Article 212 only as “Ownership of land affects the upper and lower sides of land within the limits of a legitimate profit.” without any specific regulation to materialize a legitimate profit. In addition, studies on the ownership of underground space of land have been done, but there has only been a discussion to exclude land owner’s ownership with respect to so-called ‘high-depth underground space’. This manuscript looks into the conventional theory of law and legislation cases pertaining to the scope of land ownership and investigates the scope of effect of land ownership of so-called ‘high-depth underground space’ upon completion of the examination on the interpretation theory and judicial precedent regarding ‘legitimate profit’ specified in the Article 212 of the Civil Law. Many countries including Japan are grappling with preparation of countermeasures by legalizing special laws on high-depth underground space, whereas only ordinance of the Seoul government on compensation standard for the use of underground part of land and the rules on installation of underground public facilities by the Ministry of Land, Infrastructure and Transport exist in Korea without guidelines as well as laws on the use of high-depth underground space. As the necessity of and demands for application of high-depth underground space will increase with the lapse of time, discussion on the ownership of high-depth underground space and legislation on the use of the foregoing shall be established within the earlist possible date.