토지재산권의 사회적 구속성의 한계에 관한 법리

Legal theory on the limitation of Social Restriction to Land property Right Land is the fundamental basis and at same time, environmental resources for the human life. Therefore it shall not be monopolized by a private person, but it shall be it nature property for all of the human beings. It is a worldwide tendency that each nation puts much emphasis on public interests relating to the land. But much emphasis on public interests would give rise to inflictions on the right of the owners and the users of the land. that its means social restriction. Hens while Korean constitutional law all citizens the property right, it permits to restrict their private property for public necessties, However, it includes, at the same time, such a clause that the restriction should be made by law and just compensation thereof shall be paid. Thus it is resonable to contend that restriction of private property can by made by law, but it is impossible to deprive citizens of there property right, In other words the restriction should be made for the benefit of the society and public to accomplish national goal. Social Restriction divide into taking for need compensation and restrictionfor non need compensation, Social Restriction is near to Restriction. By the way, That is to ambiguity between taking for need compensation and restriction for non need compensation. Therefor the purpose of this study, its on the basis of Trennungstheorie and Schwellentheorie in germany should be explain as respect theory on the limitation of social restriction. In conclusion the problem of theory as respect the limitation of social restriction, should have to according to kind of property right and social circumstance and need to review in the concrete.