韓國法의 近代化와 土地所有權의 變遷

Abstract

Land order deals with the main contents to whom land ownership should be belonged and how its contents are consisted. Land ownership has existed in any system of any time despite of its different contents. In case of land ownership of Korea, the thought of royal domain has functioned as fundamental thought of land system. But the thought of Korean land ownership was established by modern ownership concept of Western concept because colonial government of Japan obliged to investigate land and the order to Chosun civil code borrowed Japan civil code. Land reform with Korean Independence that was launched purposing de-construction of the land ownership plan of landowner and establishment of independent farmer has been regarded as starting point of capitalism in Korea. Especially, land reform got the opportunity of substantially establishing superficial modern land ownership which had been enacted by a work of inquiry into land ownership and borrowing of Japan civil law. Since then, modern land ownership has caused many problems in the progress of present reform land ownership because of political, economical and social elements in Korea. Especially, the public concept of land ownership, which urged to convert from the thought of land ownership to the thought of land available rights, gave considerable changes to the concept of thought of land and land ownership of Koreans. In the progress of modernization of Korea from conventional thought of land ownership through modern land ownership to present reform land ownership, this paper surveyed several relationships between each conversion of land ownership and its legislation.