조선시대 무주지 개간을 통한 소유권 취득

In the Joseon Dynasty(1392～1910) the original acquisition of the land was possible by means of the preoccupancy to bona vacantia. That is, farmers who tamed the wilderness such as forests and mud flats could acquire the ownership of the agricultural lands. Furthermore they could get the rights to the properties in advance by reporting to the authorities before cultivating. In late Joseon after the Japanese invasion(1592～1598) slaves were reduced and farmlands were devastated but since then the development of agricultural technologies made yield and cultivated areas increase. These lead to the rising of the relative and absolute value of the land and the interests of landownership. Thus, the occupations of land by the provisions about the preoccupancy were plainly extended. As a result, forests and coasts became no more common lands nor king’s lands but ownerless lands which should be possessed earlier to others’ actions. Through these phenomena this study took a view of the Joseon’s ownership system from an angle of the personal property right. It is because every body including the royal family and public offices who were considered to represent the nation equally caught the acts by using the preoccupancy provision and caused extremely harmful effects of the private property system.