국가귀속 무주부동산 소송문제의 책임과 통제

Abstract

Owning to the change of Koreans' name into Japanese name during the Japanese occupation, land reform after liberation from it, loss of real estate register due to the Korean War, unregistered landowners on the register and the like. landowners on the register are not consistent with actual landowners but also ownerless land occurs much. Government notified the land unrestored in title as ownerless land and reverted it to the state-owned property. For this reason, lawsuits such as claim for the cancellation of the conservation of ownership to state-owned land have thus far continued to be instituted. The action to revert ownerless land to the state-owned land by government can be seen as the full assumption of legal accountability for it by government. But it was the action of administrative expediency from a current perspective, and it cannot be thought that government assumed moral and ethical liability to protect people's property. That is because lawsuits for land reverted to the National Treasury have continued to be instituted, and government has lost lawsuits in many cases, which has led to many third-party bonafide victims, and the lack of speciality of public officials in charge of this affair has caused the problem to be unsolved. Accordingly, government switched passive administrative practices into active administrative practice, thereby having to acquire justification for ownerless land management, reduce national affairs, restore people's property right and secure social safety. Therefore, the following alternative to ownerless land control would be helpful. First, it is necessary to enact a special law. It is stipulate the establishment of the ownerless land ownership right redemption committee in the law and incorporate the whole survey of ownerless land. And it is necessary to provide for the protection of the bonafide third party. Thereby, it is necessary to pay the cash in kind in order to return the land reverted to the state to the original landowner. Second, it is necessary to form the team specializing in the prosecution of state-owned land litigation lawsuit, continue to police lawsuit fraudsters and put restrictions on the provision of information stored in the National Archives of Korea. And it is necessary to form the team specializing in collecting evidence for lawsuit affairs composed of the public officials of diverse specialized fields and complement the lack of litigants'speciality. Third, it is necessary to train and educate specialized manpower in the long-term period. And there is a need for specialized manpower to work to cope efficiently with lawsuit affairs in the long-term period.