토지거래허가제도의 실효성 제고를 위한 법제 개선 방안

The government has recently activated the land transaction permit system (hereafter referred to as “The system”) as a way to solve the real estate speculation problem. However, despite the Constitutional Court's decision to constitutionalize The system, controversy over constitutionality such as violating proportional principles continues. In addition, controversy over the effectiveness of The system continues regarding whether it has the effect of lowering land price and reducing the volume of transactions. The system is justified in public aspect considering social turmoil caused by rising land prices, and it is hard to see it as contrary to constitutional principles. In addition, the effectiveness of The system is recognized as having effect that reduces the volume of transaction. However, since The system was introduced in the 1970s, it is necessary to improve the effectiveness by reforming The system. Here we specifically examined improvements to requirements and procedures of the current scheme. The materialization of requirements and the introduction of a fine system will greatly help enhance the effectiveness of the policy. In addition, to enhance the effectiveness of The system, the operation suitable for the purpose of the policy and the expansion of the number of public officials will be necessary.