In globalization era, certain social relation overflowed from a country border and a process that various countries becoming more close to each other covers all scopes of social life : it affects legal system of each country.
Main viewpoint and pri...
In globalization era, certain social relation overflowed from a country border and a process that various countries becoming more close to each other covers all scopes of social life : it affects legal system of each country.
Main viewpoint and principle of legal relation of market economy is recognized to worldwide and is similar to each other, we need to refer historic experience and development system of legal management of neighbor countries(Korea and Russia)where market highly developed as well as pay attention on trial and error not to repeat their mistake.
When Korean president Mu-Hyeon No paid official visit to Mongolia and meet Mongolian president N. Enkhbayar in last May of 2006, they agreed to deepen their relation establishing “friendly partnership relation of good friends” based on mutual trust and friendship.
Due to increasing the relationship between Korea and Mongolia, it’s necessary to enlarge cooperative development of the two countries even in legal sector.
Accordingly, Mongolian and Korean joint international scientific conferences, which have been held on last 2006, 2007 and 2008, were thought to be one of collaborations of legal sector of Korea and Mongolia. These conferences are also promising contribution to develop mutual interests of the two countries.
Moreover, it is believed that many collaborative activities in the field of legal sector development of Korea and Mongolia will be broadly extended in the near future.
In the approved new democratic constitution in 1992, it is stated that “Mongolia has economy with various types of property forms that meets specific characteristics and global trend of the world economy” and strengthened that “The government admits any forms of public and private property and protects right of the owner by law” : it became main viewpoint to develop new composition of land law and specify government policy on reformation of the economic law .
As law of the land ownership is approved in Mongolia, there is touched many delicate problems of politicㆍeconomicㆍsocialㆍcultured so there’s a proper necessity to organize law in steps.
Putting land into civil transaction becomes new phenomena in activity to establish law, new legal management, and decisive political solution to overcome difficult periods of transition giving benefits to both the government and citizen and deepening market economic relation.
Even though our country has about 40 laws which managing land relations, its provisions regarding limitation on land use action and land protection doesn’t put into it yet. But Korean land law has right to protect land beside right to own, use and make benefit from land so it’s practically important.
Land use regulation law states that work to systematically introduce how to get permission of land use operation, its process and documents to be prepared by citizens should be organized.
And database of social information has been electronically created in order to protect civil rights and inform. Beside this, amount of land efficiently can be used with precise plan and management. Used land are recovered by environmental protection and recovering activities which are governed by National park law, City garden and green park law, special protection land law and etc. Additionally, more attention has been paid on systematical management and efficient use of natural resources including agriculture, water resources, forest resources and sea resources in Korea than Mongolia. It’s seen that forest and green zone development are well performed in Korea.
Nowadays, dramatically developing resources is one of big issues in Mongolia. There are many foreign and domestic companies who manage operation of mining mineral resources. Environmental protection and recovering issues of these mining companies have been disregarded by themselves due to weak enforcement of controlling mechanism on their activity. Legal responsibility system is very light and they solve their problem paying a penalty with small amount of money to compare recovering the used land.
Recently, Mongolian territory is decaying and approved by following evidences : 80% of overgrazed pasture, agricultural land is decreased by 50.0 thousand hectare area, dry land area is increased by 3.4% and area of decertified land is increased 5.4 times.
On the other hand, there is clearly stated about protection right in the Korean land laws, accordingly, a system of effective and balanced use of land is implemented.
It is demanded to create database of land and market information of land user and owners with support of the government and openly inform it to the public. However, there is no such a comprehensive information system, Process of distributing and transmitting information about land to costumers is taken a long time because of no created database information system. Moreover, information about land use and ownerships permission issuances are duplicated due to lack of land owning and using process what are not electronically available. There is many disputes regarding this issue. So far, there is no internet service in information exchange as well as land affair departments and don’t have sufficient staffs who have professional skills and are able to solve cases when civil rights and interests are breached.
Information system and internet communications are highly developed in Korea. So, it is better to consider that our legal system take their system in and it would be truly important.