溫泉의 私權性 保障論

• 영문명: The Study on the Private Right Security of Hot Spring Water
• 발행기관: 한국부동산법학회
• 저자명: 소성규(So Sung-Kyu)
• 간행물 정보: 『부동산법학』부동산법학 제8권, 91~126쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2003.09.01

영문 초록

For the public welfare, the law over hot spring water is regulated for the purpose of developing hot springs efficiently and for the proper protection of them. According to the emphasis on the purpose of the contribution of the public welfare, the rigid enforcement of the administrative regulation has been increased. As a result, the enforcement brought a phenomenon neglecting a private life. Therefore, there have been some phenomena that the local dwellers of the area that has been developing a spa do not like the development rather than welcome it. The reason why the inhabitants do not like the development of a spa is that after making decision on a zone for the developing a spa, the land will have the rigid regulations of the government on using and utilizing the land. Furthermore, the value of land is decreasing also. In the other hand, a spa development can bring the excessive utilization of underground water that causes the lack of agricultural water and the contamination of the ground water. The owners of spas also have the same kinds of dissatisfactions with dwellers. The owners speak out their dissatisfactions that the current doctrines and the judicial precedents are denying a private right of ownership of a spa, and there is no clear legislation over the issue so that they could not mortgage their land for a capital. Even though the value of the land is considerably high, the value can not be acknowledged. The auction process also has the same situation openly. Therefore, to appraise a right over spar zone properly, people have raised an objection to disregarding a right over a spa ownership as a real right at the viewpoint of the customary law. This study has been started from the idea of admitting the ownership of a hot spring as the real right in the term of the customary law rather than issuing the problems, which have no alternatives, because there have been some public trades definitely in Korea since long time ago, even though there were not that much cases. In sum, the study suggests a plan that admits the ownership of a hot spa as a real right, and that guarantees the private right of spa, differentiating the current rigid administrative regulation. Main contents of this study are as follows. Ⅰ. Introduction Ⅱ. Comparative research studies on hot water Ⅲ. Theories and cases on the issue of the private right security of hot water Ⅳ. The lawful relationship on the private right security Ⅴ. Methodologies on the private right security Ⅵ. Conclusion

목차

Ⅰ. 問題의 提起

Ⅱ. 溫泉에 관한 比較法的 考察

Ⅲ. 溫泉의 私權性 保障 與否에 관한 우리나라 學說과 判例의 立場

Ⅳ. 溫泉의 私權性 保障 與否에 따른 法律關係

Ⅴ. 溫泉의 私權性 保障方案

Ⅵ. 結 論

Abstract