「土地家屋證明規則」의 제정과 그 의의

The aim of this study is to examine the process of enactment of the Land and Household Registration Regulation 「土地家屋證明規則」 and its civil legal historical implications. On October 26, 1906, the 「土地家屋證明規則」 was enacted by the Ministry of General Affairs. The Ministry was preparing to conduct a land survey and introduce a real estate registration system in Korea. Prior to the introduction of the registration, the 「土地家屋證明規則」 was promulgated as a temporary real estate registration regulation. The implementation of this law legalized the ownership of real estate by foreigners. In particular, it resulted in the legalization of Japanese land ownership in Joseon. This law is considered by historians to be an act that led to the land dispossession in Joseon. As a result, the analysis that land ownership was dispossessed is valid. However, this Act is significant in the civil legal system for the introduction of the real estate disclosure system. It was one of the transitional civil legislations before the introduction of the registration system in 1912, and its enactment meant that it was possible to prove real estate transactions between two parties using the certification system rather than the registration system. It also meant that Japanese commercial capital could invest in Joseon from 1906 under legal protection in a legal market instead of the illegal bond market.