공물법의 역사와 비교에 관한 연구 -서론적 고찰-

Although public domains law has a long historical tradition as a law on objects under public law, it faces serious challenges in terms of its identity and practicality today. Therefore, this study is intended to analyze the historical development of public domains law from a comparative point of view, as the first step to find an answer on whether public domains law has the capacity to sufficiently respond to the challenges of today's complex reality. From this, the following conclusions can be drawn. First, our public domains law faithfully follows the historical course of public domains law that started with Roman law, went through French law, and developed through German law. Second, in order for public domains law to perform its assigned role properly, it must be reborn as public domains law in a broad sense that encompasses the concepts of public facilities and public establishment in addition to public domains. Third, in order for public domains law to develop into a unique system within the administrative law, it should not be limited to a structural perspective that explains the legal relationship of public domains by type such as roads or rivers, but should be reconstructed in rather a systematic viewpoint of installation, management, use, and responsibility of public domains.