The Issues and Tasks of the Guarantee of the Property Rights in the Korean Constitution - Especially, Centered on the Land Property Right-

DOI

10.2991/aebmr.k.200513.124How to use a DOI?

Keywords

guarantee, property rights, Korean constitution

Abstract

Regard to the guarantee of the property rights, in relation to the land property right, this writing intends to deal with them by being centered on the Constitutional, controversial issues and tasks. There are two problems in this research first, how is the Normative Details Related To The Land Property Right In Terms Of The Korean Constitution? and the second is how the task, in the case of an amendment of the Constitution, the direction for the amendment of the regulation related to the land property right? This is a doctrinal research that using legal statue approach. This research conlude that with regard to the amendment of the Constitution in the future, although it will be fine to leave Article 23, which has been guaranteeing the land property right through the guarantee of the property right, with regard to the proceeding with the amendment, it shall be said that there is a need to delete Clause 2 or amend the latter part of Clause 1 and Clause 2 by organizing them as on provision. Furthermore, I shall say that, regarding the current provision in which the land has been included in the meaning of the national territory, there is a need to think about the canonization, too, by using the term of the land in the specific case.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Kuk Won JEONG
PY  - 2020
DA  - 2020/05/20
TI  - The Issues and Tasks of the Guarantee of the Property Rights in the Korean Constitution - Especially, Centered on the Land Property Right-
BT  - Proceedings of the International Conference on Law, Economics and Health (ICLEH 2020)
PB  - Atlantis Press
SP  - 656
EP  - 661
SN  - 2352-5428
UR  - https://doi.org/10.2991/aebmr.k.200513.124
DO  - 10.2991/aebmr.k.200513.124
ID  - JEONG2020
ER  -