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A study on the correlation between land utilization・development and real estate

  • Public Land Law Review
  • Abbr : KPLLR
  • 2016, 75(), pp.177-196
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Jeong Kuk Won 1

1대구대학교

Accredited

ABSTRACT

Land has property rights in terms of the owner’s individual rights, but it’s part of national territory in the perspective of the country. Thus, it is an object of property rights for individual aspects and at the same time it is the territory of the country even if the land is in the same space. According to the Constitution, article 122 ‘balanced national land development・utilization and preservation’ contains a premise of land restriction. On the other hand, article 23 of the Constitution addresses the restriction and at the same time guarantees the right of property. As long as the Constitution is the highest law, to solve a conflict between regulations on the Constitution, first, it should be resolved as a way to refine the constitutional norms of its normative meaning or systematize it to norm-harmonized. Therefore, this study reviewed the land development・utilization refinement and weighted regulation for land property rights in chapterⅡ. In chapter Ⅲ, the correlation between land development・utilization and land property rights was discussed as follows. First, land development・utilization (article 122 of the Constitution) as the special restriction regulation of land property rights (article 23). Secondly, the correlation between land development・utilization and land property rights in terms of the public concept of land ownership. Thirdly, the correlation between land development・utilization and land property rights in terms of ‘equality or fairness’. In chapter Ⅳ, a solution regarding normative systematization between land development・utilization and land property rights was suggested. For the solution, these following items were discussed. First, systematized establishment of a relationship between economic clauses and basic human rights. Secondly, limitation of restrictions of land development・utilization and land property rights. Thirdly, ‘balance’ as a restriction and ‘equality’ as a guarantee. These will define the normative meaning of land development・utilization in article 122 of the Constitution in the economic clauses and the guarantee of land property rights in article 23 of the Constitution as part of the constitutional system more clearly.

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