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Problems and Improvement Measures Regarding Special Regional Rights

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2025, 13(3), pp.89~134
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : July 22, 2025
  • Accepted : August 22, 2025
  • Published : August 31, 2025

park 1,  Yu, Chang-Hoon 2

1광주여자대학교
2송원대학교

Accredited

ABSTRACT

This paper provides a multifaceted analysis of the history, current legal system, socio-legal issues, and improvement measures of the special regional rights system based on Article 302 of the Korean Civil Code. Special regional rights originated from the long-standing customs of rural communities, forming rights that allowed specific local residents, as a collective body, to engage in activities such as gathering vegetation, grazing, and collecting soil on another's land. However, their effectiveness has diminished due to modernization, the strengthening of land ownership, and intensive land use. From a legal perspective, unlike general easements, special regional rights only have a servient tenement without a dominant tenement, and the benefit is attributed to a group of people rather than to land—a feature that emphasizes their personal (collective) nature. These rights belong collectively to the community, making transfer or inheritance by individuals difficult, and while most are established by custom, registration is required if they arise by contract. Historically, these rights formed the basis for communal resource management, welfare, and survival within rural communities. In the modern era, however, legal and institutional ambiguities and practical limitations have emerged, leading to disputes and issues of effectiveness. Case law recognizes these rights only when there is clear evidence of long-term customary use and collective affiliation. Comparing with legislative examples in countries such as Germany, France, Japan, the UK, and Canada, this paper critically examines the lack of clarity in Article 302, excessive protection of traditional customary rights, infringements on landownership, administrative inefficiency, and restrictions on economic activities. As improvement measures, the paper proposes to enhance the consistency of the legal system concerning special regional rights, clarify the allocation of responsibilities, introduce a one-stop administrative system, clarify the criteria for designation and termination, institutionalize pre- and post-designation impact assessments and stakeholder consultation, strengthen core protection measures, expand substantive resident participation, establish systems to prevent social conflict and mediate disputes, and develop region-specific, sustainable development strategies. In conclusion, the paper suggests the urgent need for legal and institutional improvements to redefine the social value and legal identity of special regional rights in a changing era, and to ensure a balance between public and private interests, administrative efficiency, and social trust.

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