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Korea-U.S FTA and the Public Land Law

  • Public Land Law Review
  • Abbr : KPLLR
  • 2008, 39(), pp.183-210
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Jeong Kuk Won 1

1대구대학교

Accredited

ABSTRACT

On April 2th 2007, the Korean government signed Free Trade Agreement(FTA) with the U.S. The Korea-the U.S Free Trade Agreement will be move to forward on the trade liberalization and expand to investment ties and new econmic opportunities for people in both countries. Article 11.6 of the Agreement including the indirect expropriation. The indirect expropriation can be trace back to the regulatory takings at Pennsylvania Coal Co. v. Mahon(1922). This Article ist Problem on the Korean Constitution Law and Public Land Law. The constitution is the basic law which prescribes matters concerning rights and duties of citizens and the structure of government. Korean constitution is guaranteed the right to property in Article 23. The regulatory goal to “guarantee of the right to property through harmony among public welfare” in the same article reflects the strong prevalence of traditional Korean values and the close relationship between property rights and conform to the public welfare. In its the expansion of a stable social security and welfare in development to a mature democracy and market economy. It is needed a careful analysis to indireckt expropriation under Korean Public Land Law.

Citation status

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