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A Study on the Systematization of Land Law System

  • Public Land Law Review
  • Abbr : KPLLR
  • 2008, 39(), pp.101-132
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

lee jae sam 1

1경원대학교

Accredited

ABSTRACT

The land system should be supplemented to improve it to the level satisfying its increasing demand and desire. Land laws must conform to the concept of land ownership and progresses to drastically ease the restrictions which are being applied in a uniform manner. In other words priority should be given to the macroscopic land development and its use so that such development or use of land may lead to the creation of a living environment of the residents and a industrial base, that are closely linked to the community in question. The land system should not be regulated indiscriminately on the basis of the uniform standards. Dramatic improvements in the land system need to be made so that it may flexibly conform to the definite features of a particular piece of land. Each law has its own characteristics and peculiarities, and for this reason it is wise to determine the characteristics of each piece of land to devise an appropriate system for that particular piece of land. The current land laws should make a gradual advance towards the systematization. For such systematization the land regulation of various types needs to be linked to one another. Particularly such measures as easing of land ownership as in easing of farmland ownership, centralization of the land licensing system, systematization of the land system's restrictions, and relaxation of the licensing system of the land dealings, need to be implemented. Various laws regulating the land ownership, its development and use should be unified into a single law. Particularly diversified land laws need to be unified and systematized. To achieve such unification of the land laws, the licensing and restriction system of land must be centralized so that any licensing or restrictions may be granted or applied based on a single, unified law. Also such laws regulating the land need to be improved so that they may be applied and implemented democratically. For this, a definite base should be provided in a law so that the provisions of such a law may not be subject to an arbitrary interpretation by an administrative office. Also decisions based on such a law should allow the resident to participate in the decision-making process and encourage the private hands to actively participate in the use of land and its development. At the same time it should encourage a measure designed to actively compensate for the loss incurred as a result of the administrative restriction of land.

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