A land is one of indispensable basic factors to human life and to form a country. A land has several specific factors which naturally attribute immovability or fixity, eternity, unproductiveness, heterogeneity and continuity. A land, in particular, has been recognized as the most important private p...
A land is one of indispensable basic factors to human life and to form a country. A land has several specific factors which naturally attribute immovability or fixity, eternity, unproductiveness, heterogeneity and continuity. A land, in particular, has been recognized as the most important private property from the medieval era. Since private property right has been guaranteed, the same with the land property right institutionally under democracy. As an essential element, after the modified US Constitution(article 5), Weimar Constitution and almost other democratic countries stated and ensured guarantee of private property right constitutionally. Our Constitution, from article 23 paragraphs 1, states about property right guarantee, section 2, stipulates limit regulation, such as the exercise of property right should be suitable to public welfare, and section 3 states about expropriation, use or restriction and compensation clauses. Therefore, the Constitution article 23, states about property right, means ‘private usability’ and randomly disposable "worthy of property right". The currently and constitutionally guaranteed property right means all the right of economic worth of public and judicial law. Also, in principle, the constitutional economic order is regarded as private property should be free to use, dispose and inherit. Guarantee of private property right can be based on the establishment of democracy or social democracy which exists on the basis of guarantee of institution. Institutional guarantee is legislative guarantee which is protected judicially and administratively from the existing system itself values. As the price of land rises and falls, the same with oil prices thus national economy can be confronted with difficulty. Since land is regarded as a kind of public good, naturally strong regulation could conducted. Our Constitution has five different principles when to apply restrict land property right. In other words, the principles of sincerity, the principle of banning abuse of right, the principles of excess bans, the principle of equality and the principle of trust protection. Our Constitution clearly states that even though when the restrictions of property right applied, government should take measure restriction within these principles. Also nobody can exercise deprivation of property right by adopting a retroactive legislation as well as infringement of the essential property right. In particular, even if land property right is restricted, there should be added just compensation. Compensation for loss is the victim's special compensation for special sacrifice, namely the reward to infringement itself. Crucially important point for reward is the actual market value of the infringed property right estimated by the 'complete compensation. This is the United States Constitution Amendment article 5, and also generally accepted that just compensation provisions has evolved into ‘market value'. France, Germany, Japan, also legislated about just compensation, full compensation, such as in a dimension of basic right guarantee. As we reviewed from the above, land property right is guaranteed by institution. Since legally approved institutions can be protected only, the principle of minimum guarantee for the protection of private property right should be applied. In particular, economic value of land property right can be realized from the market. Notwithstanding government exercises constitutional regulations on the basic right for public benefits, it cannot infringe intrinsic private property right. In recent years, Korea has been enhanced regulations on the land property. In particular, since the public concept of land ownership is very powerful to stabilize prices, government will continue to restrict land property right in the future.
A land is one of indispensable basic factors to human life and to form a country. A land has several specific factors which naturally attribute immovability or fixity, eternity, unproductiveness, heterogeneity and continuity. A land, in particular, has been recognized as the most important private property from the medieval era. Since private property right has been guaranteed, the same with the land property right institutionally under democracy. As an essential element, after the modified US Constitution(article 5), Weimar Constitution and almost other democratic countries stated and ensured guarantee of private property right constitutionally. Our Constitution, from article 23 paragraphs 1, states about property right guarantee, section 2, stipulates limit regulation, such as the exercise of property right should be suitable to public welfare, and section 3 states about expropriation, use or restriction and compensation clauses. Therefore, the Constitution article 23, states about property right, means ‘private usability’ and randomly disposable "worthy of property right". The currently and constitutionally guaranteed property right means all the right of economic worth of public and judicial law. Also, in principle, the constitutional economic order is regarded as private property should be free to use, dispose and inherit. Guarantee of private property right can be based on the establishment of democracy or social democracy which exists on the basis of guarantee of institution. Institutional guarantee is legislative guarantee which is protected judicially and administratively from the existing system itself values. As the price of land rises and falls, the same with oil prices thus national economy can be confronted with difficulty. Since land is regarded as a kind of public good, naturally strong regulation could conducted. Our Constitution has five different principles when to apply restrict land property right. In other words, the principles of sincerity, the principle of banning abuse of right, the principles of excess bans, the principle of equality and the principle of trust protection. Our Constitution clearly states that even though when the restrictions of property right applied, government should take measure restriction within these principles. Also nobody can exercise deprivation of property right by adopting a retroactive legislation as well as infringement of the essential property right. In particular, even if land property right is restricted, there should be added just compensation. Compensation for loss is the victim's special compensation for special sacrifice, namely the reward to infringement itself. Crucially important point for reward is the actual market value of the infringed property right estimated by the 'complete compensation. This is the United States Constitution Amendment article 5, and also generally accepted that just compensation provisions has evolved into ‘market value'. France, Germany, Japan, also legislated about just compensation, full compensation, such as in a dimension of basic right guarantee. As we reviewed from the above, land property right is guaranteed by institution. Since legally approved institutions can be protected only, the principle of minimum guarantee for the protection of private property right should be applied. In particular, economic value of land property right can be realized from the market. Notwithstanding government exercises constitutional regulations on the basic right for public benefits, it cannot infringe intrinsic private property right. In recent years, Korea has been enhanced regulations on the land property. In particular, since the public concept of land ownership is very powerful to stabilize prices, government will continue to restrict land property right in the future.
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