韓國 土地改革法制의 變遷과 課題

Abstract

According to characteristics of the land itself, People seek the legislations on the devolvement and exertion of the land-ownerships in various ways. Korean case is not exceptional case. On 1910, when Korea was under japanese colony period, Korea created the concept of the term, land-ownerships. However, there were numerous changes in that era. The main reason for those changes could be constituted the fact that there was a conflict as a result of the legal principles were interchanged from having the free execution of land-ownership to having restriction of land-ownership. Korea has started to cultivate the land, and tried to promote the country as urbanized and industrialized country during 60's. These actually made the price of real estate increase suddenly on these period of time. On the late 70's to 80's, Korea got down to develop their land and it also had made a social phenomenon that people to get involved the spread of land speculations. When the government realized that the land became as an investment influential merchant, they tried to reform the various legislations of land. Due to national economic development plans and government land policies, the changing legislation of land periods could be divided into five categorizes 1st period (1945 - 1961) : Pastoral Ownership Period 2nd period (1962 - 1978) : Conflict Period when there was conflict between public land law and private law, due to national economic development plans. 3rd period (1979 - 1987) : Gestation Periods when they create the public concept of land ownership, in order to collate welfare society system. 4th period (1987 - 1997) : Adopting the public concept of land ownership Period, 5th period (1998 - present) : Generation, when real estate market opened up after Asian economic crisis period. Since the establishment of the Korean government, The government has been trying to reform the legislations of land; however, the Korean land policy and the legislation of land still leave something to be desired. The primary cause of that problem is the government usually set the problem as temporizing policy. Which means the government should not use the legal concepts, which are full of ambiguities. The land has special characteristics, so that there shall be established restrictions. Therefore, the government should enact the land fundamental law, which include all the basic concept of the quasi public land law and private law.