외국·외국인 토지소유의 공법적 문제

Korean Constitution Article 23 guarantees the property right of nation(native people) not foreigner. But it is considered in general that Korean Constitution guarantees the property right of foreigner as well as nation(native people). Korean Foreigner Land Law guarantees land-property right of foreigner in accordance of reciprocity(mutual agreement). Land is considered as a source of all products that are necessary for human life in the present and future. It have several special characteristics, for exemple unproductivity, irreplaceability, immobility, indestructibility, heterogenity, connectivity, modification etc. Therefore, the use of individual land must be carried out in connection to other pieces of land as well. In order to utilize limited land in an effective, systematic method, the use of individual plots of land can be controlled in regard to public welfare etc. And land-property right of foreigner can be more restricted than that of nation(native people) in regard to state-security, public welfare, mutual agreement etc. But the regulations to secure effective, systematic use of land have limitations, for exemple prohibition of infringement to essential aspects of land-property right etc. This paper is focused as follows : Ⅰ. Introduction Ⅱ. Concept of foreigner and possibility of land property of foreigner Ⅲ. Characteristics of land and transformation of land-property Ⅳ. Regulation and limitation of land-property of foreigner in public law Ⅴ. Review of circumstances and problems in Korea Ⅵ. Conclusion