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The Public Concept of Land Ownership and Revision of the korean constitution - Alternative Search for the Public Concept of Land Ownership : Real Estate Economic Democratization -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2021, 94(), pp.61-87
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law
  • Received : April 30, 2021
  • Accepted : May 21, 2021
  • Published : May 25, 2021

Heo, Kang Moo ORD ID 1

1전북대학교

Accredited

ABSTRACT

Despite the fact that the public concept of land ownership is recognized in the interpretation of the Constitution based on the broad legislative discretion of land, there have been repeated controversies over the legislative policies related to the public concept of land ownership, such as the return of development gains. In order to solve these problems, there is a conflict between the position that the public concept of land ownership should be clearly stated in the Constitution and that it can be resolved through legislative policy through laws related to the public concept of land ownership. This study aims to examine the direction of the public concept of land ownership by comparing and analyzing the legal issues related to the public concept of land ownership and the opinions of the National Assembly and the government on constitutional amendment, as it is highly probable that ‘the public concept of land ownership’ will become a major issue of constitutional amendment if discussions on constitutional amendment take place in the future. It also aims to contribute to the preparation of desirable constitutional amendments by deriving foreign constitutional regulations and implications related to land. In addition, in this study, as part of the search for an alternative to the public concept of land ownership, I would like to propose a plan to expand Article 122 of the Constitution, which was called so- called the public concept of land ownership, from a clause limited to the public concept of land ownership to a clause of true‘Real Estate Economic Democratization’ through the establishment of a "fair lease" clause.

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