One of the things concentrating the biggest national interest among various social issues occurred in Korea in the seriousness and groping of the solution is the very real estate issue, and out of it, the land issue together with the housing issue may...
One of the things concentrating the biggest national interest among various social issues occurred in Korea in the seriousness and groping of the solution is the very real estate issue, and out of it, the land issue together with the housing issue may be considered to be located at the core position of the real estate policy of the government.
The land has been formed as the indispensable physical foundation for the existence and prosperity of mankind, and its importance has never been diminished even today. Of course, it is the fact that the importance of today's land as the direct purpose for cultivating crops only is being diminished, but alternatively, the demand on the land is being increased explosively for the realization of various human activities such as the more increased necessity of lands for houses, shopping centers and lands for production facilities than ever. But, it is our actual circumstances that these lands are not supplied to the essential end users at adequate and suitable price because they were degenerated as the methods for speculation and property increase by a few people. However, unlike other goods, since the specialties of these lands are recognized in various aspects such as limited quantity and lack of mutuality with other goods, etc. while being absolutely required for the basis of national lives of social lives, the governmental control over these lands has been emerged as an urgent issue. Like this, due to the quasi-public property of the land unlike other goods, the regulatory legislations for the purpose of efficient use and development of land, and for the public purpose of land has been enacted early.
The most representative one among the regulatory policies for land transaction of the government is the very land transaction permit system.
The targets in pursuit by the land transaction permit system can be classified broadly into three kinds as follows; first, restraints against speculation; second, stabilization of the land prices, and; third, induction to the reasonable land use, and this land transaction permit system was one of the innovative policies in the respect that the government would restrict the land ownership considerably by direct involving in and screening of the land transaction which must be made freely in principle in accordance with the principle of market economy. However, the land transaction permit system contained various problems in itself such as presentation of adverse criticism on the violation of the constitution over several times, etc. due to the direct and powerful restriction against individual property rights, and sometimes it drew abuses of suppression against property rights of bona fide third parties rather than carrying out of its true purpose of restraints against speculation also. In addition, because it was not linked mutually with other systems, etc. and due to its own problems that the control has been fragmentary and formal because of its lack of elasticity and consistency in operation, it is the actual circumstances that this system has not yet settled completely.
This study was started because there are still many problems and adverse criticisms on it notwithstanding that the land transaction permit system was the transaction control policy capable to be considered as innovative one.
Therefore, the purpose of this study was focused on reviewing whole contents of the current land transaction control system of Korea, on drawing of problems about it through in-depth analysis on the contents and actual condition of operation, etc. for the system by aiming at the land transaction permit system, and on presenting the improvement plan. By discussing positively what kind of effects had been given by the land transaction permit system which was the direct regulatory method of the government during the past times, I would like to assist the establishment of the desirable land policy in the future in spite of my poor ability.