토지제도의 공법적 검토-토지공개념 관련 법제를 중점으로-

This article examines the Land Public Concept Legislation and the Constitutional Decision in drafting the Land Public Concept Legislation that can be reasonably and soundly accepted for infringement of private property rights and public interests. The system of public land concept can mean the idea or assertion that the profits from private property rights on land should be appropriately limited. It can be said that the system of land public concept means the idea or assertion that the property as a public good of land must be appropriately restricted in relation to the profit from private property rights. The representative examples are the green belt, which are areas restricted for development, and public housing, public rental housing. However, some people argue that the concept of land profit distribution is more accurate and appropriate than the meaning of protecting people who actually use the land. This article is the meaning of land public concept, the background of introduction, and the rights and legislation that should be provided in terms of land and land use will be examined. Also escribe the pros and cons of the concept of land in relation to restrictions on land ownership. The land policy is established and operated in such a way as to minimize such social conflicts and frictions, and legislation is required to prevent infringement of private property rights and public lands, which are reasonably acceptable for public welfare, as appropriate. Above all, I think it is necessary to gain public empathy. In addition, the legislator should consider and adjust the social continuity of land property rights in the constitutional law, such as guaranteeing land property rights and public property-level policies that require land property rights restrictions, so that the land legislation will be enacted and revised to achieve harmony and balance.