@article{ART001045537},
author={송현담},
title={A Study on the Unconstitutionality of the Present Regulation System for Land Transaction},
journal={Korea Real Estate Review},
issn={2092-5395},
year={2005},
volume={15},
number={1},
pages={167-187}
TY - JOUR
AU - 송현담
TI - A Study on the Unconstitutionality of the Present Regulation System for Land Transaction
JO - Korea Real Estate Review
PY - 2005
VL - 15
IS - 1
PB - korea real estate research institute
SP - 167
EP - 187
SN - 2092-5395
AB - The present regulation system for land transaction seriously impose on the disposal function which is an essential authority of the land property right. It may be infringe on one's right to choose a occupation or move one's residence. However, the present system could be helpful under the circumstances of rising trend of land property and speculation on immovables caused by the urban redevelopment which involves rebuilding of apartments, and a plan for development of a mixed city of administration the center. There are social pending questions that should be settled for stabilization.
Nevertheless, it is important to remember that there was an opinion of an objection when they decided the current system as a constitutional at the constitutional court of Korea. There is a possession of unconstitutionality when it is carefully considered under a principle of the public necessity, a proportion, indivisibility, and a reasonable compensation. Also, it does not meet with a criterion of a appointed permit zone, a justness of a method and a right administration process.
Therefore, the related law should be reformed and supplemented in order to correct the wrong points of the constitutional.
The constitutional decision related to immovables has a great impact on economy and society under the current constitutional justice system of after the fact, concrete normative regulation. It becomes a delicate matter which has a large extending effect.
Therefore, before the fact, protection normative regulation is needed to be introduced on the confines of important matters such as security for right of property.
KW - regulation system for land transaction;reasonable compensation;
the constitutional decision;before the fact․protection normative regulation
DO -
UR -
ER -
송현담. (2005). A Study on the Unconstitutionality of the Present Regulation System for Land Transaction. Korea Real Estate Review, 15(1), 167-187.
송현담. 2005, "A Study on the Unconstitutionality of the Present Regulation System for Land Transaction", Korea Real Estate Review, vol.15, no.1 pp.167-187.
송현담 "A Study on the Unconstitutionality of the Present Regulation System for Land Transaction" Korea Real Estate Review 15.1 pp.167-187 (2005) : 167.
송현담. A Study on the Unconstitutionality of the Present Regulation System for Land Transaction. 2005; 15(1), 167-187.
송현담. "A Study on the Unconstitutionality of the Present Regulation System for Land Transaction" Korea Real Estate Review 15, no.1 (2005) : 167-187.
송현담. A Study on the Unconstitutionality of the Present Regulation System for Land Transaction. Korea Real Estate Review, 15(1), 167-187.
송현담. A Study on the Unconstitutionality of the Present Regulation System for Land Transaction. Korea Real Estate Review. 2005; 15(1) 167-187.
송현담. A Study on the Unconstitutionality of the Present Regulation System for Land Transaction. 2005; 15(1), 167-187.
송현담. "A Study on the Unconstitutionality of the Present Regulation System for Land Transaction" Korea Real Estate Review 15, no.1 (2005) : 167-187.
