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The Specificity of Land Property Rights and Public Ownership of Land

  • Public Land Law Review
  • Abbr : KPLLR
  • 2018, 83(), pp.105-124
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : July 30, 2018
  • Accepted : August 20, 2018

Chung Tae Jong 1

1전북대학교

Accredited

ABSTRACT

The bias of land not only prevents the rational use of land, but also raises the income of the land as a target of speculation, resulting in property rights disorder. The public concept of land ownership emerged in the form of enhanced regulations on land property rights, as it caused interference with various basic human rights activities and production activities. The concept of land opening can be found in the social structure of property rights under Article 23, Clause 2 of the Constitution and the basic principles of the Constitution, such as social principles, Article 120 of the Constitution, and Article 122 of the Constitution. The ownership ideology underlying the concept of public ownership is to shift from the idea of ownership of land to the point of use. Such changes in the perception of land property rights are an effective way to regulate land so that it can be used effectively in human life and in production activities due to the liquefaction of land. In this article, the special nature of the land and the limitations imposed on it are considered. The Constitutional Court intends to review the possibility of implementing the concept of public ownership of land under the Constitution through the provision of constitutional grounds for restrictions on land property rights and the Constitutional Court's decision on the enactment of the principle of personality and land ownership.

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