헌법상 토지공개념에 대한 고찰

In 2018, Moon Jae-in government submitted a constitutional amendment which explicitly provides "Limitation of Property Rights for Public Use". The reason why this amendment includes "Limitation of Property Rights for Public Use" is to emphasis public concern of land properties that used to be subject to speculation in real property market and to resolve problems derived from social inequality. "Limitation of Property Rights for Public Use" concept represents that land properties have public nature comparable to other property rights and are subject to social constraint more comprehensively than other property rights for the purpose of solving the problems arising from the use and transaction of land. There are pros and cons for the explicit provision of "Limitation of Property Rights for Public Use" in the constitutional amendment. Some commentators propose that the provision is necessary for resolution of peculation in real property and relief of social inequality while some oppose the provision because governmental policies based on that concept infringes on private ownership of property and impedes efficiency of market. Other commentators remark that a new provision of "Limitation of Property Rights for Public Use" is not necessary since it is already recognized as an interpretative concept in Constitution. It is necessary that the "Limitation of Property Rights for Public Use" concept should be stipulated as one of the articles for fundamental human rights in Constitution. Furthermore, legislators are required to enact relevant laws in detail for those laws not to infringe people's real property right on the basis of "Limitation of Property Rights for Public Use" concept provided in Constitution.