Because the land is fundamental condition for people's life, it requires totality and sociality for its use and conservation. According to the idea of a law-governed country, it is natural to regulate the land by administrative regulations. Accordingl...
Because the land is fundamental condition for people's life, it requires totality and sociality for its use and conservation. According to the idea of a law-governed country, it is natural to regulate the land by administrative regulations. Accordingly, regulating and managing state-owned lands by law are a state-purposeful function demanded for the existence and function of a country. In extending this idea, state-owned property is divided into administrative property, conservation property and miscellaneous property pursuant to the State Property Act and the concept of public goods is formed.
However, current legal debates surrounding state-owned lands place more importance on conceptualization of public goods, administrative property and conservation property under public law and do not actively construe the relationship between public law and miscellaneous property and public interests and the meaning that miscellaneous property contributes to realization of public interests. Thus, on the condition that state-owned lands have and inseparable relation with public welfare and maintenance of living circumstances, this thesis especially emphasizes that miscellaneous property is related to public interest and must be regulated and manages under public law.