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The Institutional Improvement Measures for Revitalization ofSmall-Scale Housing Improvement Project

  • Public Land Law Review
  • Abbr : KPLLR
  • 2020, 90(), pp.95-120
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : May 1, 2020
  • Accepted : May 22, 2020
  • Published : May 25, 2020

shin hyunggoo 1 Kim, Sang-Kyum 1

1동국대학교

Accredited

ABSTRACT

The fundamental right that is important to humans after modern civil society is property rights. With the formation of a civil society based on personal freedom, anyone can have private property, and the right to property has become the basic human right. Property rights are necessary for consciousness that must be solved by human beings, and have become essential rights for human life in order to live a human life. Property rights began to be guaranteed in the realm of the Constitution, as specified in the French Declaration of Human Rights in 1789 and Article 1 of the United States Federal Constitution in 1791. Korea has also guaranteed property rights since the 1948 Constitution. The current constitution stipulates the protection of private property systems and property rights in Article 23, paragraph 1, and adopts legalism for its content and limitations. In addition, Article 23 (2) of the Constitution stipulates social redemption in the exercise of property rights, and Article 3 provides for the public acceptance system of property rights due to public necessity. In addition, Article 22 (2) of the Constitution provides grounds for intellectual property rights. Restrictions on property rights are made to allow public acceptance when the standard of public necessity is met, and to compensate. The restriction of property rights had already begun in the French Declaration of Human Rights in 1789. In 1919, the German Constitution of Weimar introduced social basic rights and established social restrictions on property rights as a prestige. The Korean Constitution also accepted this in the process of counting the German Constitution. In particular, property rights directly affect people's lives, and unlike other liberties, they are limited not only in the provision of property rights in the Constitution, but also in the provisions of the provisions of Article 37, Paragraph 2 of the Constitution. The concept of public ownership of land, which began due to the rapid rise in land prices, was discussed several times, and three related laws were enacted. However, with the exception of the Development Profit Recovery Act, the rest of the laws were decided by the Constitutional Court as unconstitutional or inconsistent. However, the concept of land publicity, which emerged as a countermeasure against repeated real estate speculation and rapid rise in land prices, is gradually spreading. This is also linked to the tendency to strengthen the social redemption of property rights. In addition, the future of property rights shows that the concept is shifting from ownership to use due to the revitalization of the shared economy, along with the expansion of the domain of intellectual property rights.

Citation status

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