공물의 사용관계와 행정지도

• 영문명: Administrative Guidance in connection with using Public Property - Concerning protection tenant farmers who farm the reclaimed land under the multi-purpose business for farming income stabilization from the rice fields -
• 발행기관: 원광대학교 법학연구소
• 저자명: 김성원(Kim, Sung-Won) 박정일(Bak, Jeong-Il0)
• 간행물 정보: 『원광법학』제27권 제4호, 199~221쪽, 전체 22쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2011.12.30

영문 초록

The multi-purpose business for farming income stabilization from the rice fields is the public enterprise for keeping supply and demand of rice in balance by using the adequate acreage for rice, improving the degree of food self-support and keeping the right amount of rice fields. The business has been expanded to Public Property, the reclaimed land including the general rice fields. Actually, the reclaimed farmland is good only for rice but government has ignored this reclaimed land's characteristics and pushed ahead this business. In addition, differently from before, tenant farmers who farm the reclaimed land don't have the right of choice for agricultural products any more. Also they cannot choose but accept the contract government is offering in order to rent the reclaimed land for their living. The reclaimed farmland is for social benefit administration. So it should be used for farmers' better lives. By using tenant farmers' relatively disadvantageous position, however, government has changed the terms of the contract on using the reclaimed farmland unilaterally. In fact, social benefit administration is for public administration. So social benefit administration must be come under control of Public Law. To avoid this Public Law's binding force, however, government has allowed Public Property, the reclaimed farmland to be used by tenant farmers under Private Law. Though a lot of regulations and theories for solving this problem and protecting the tenant farmers have been established, there are still many things to be improved.

목차

Ⅰ. 머리말

Ⅱ. 공물의 사용관계

Ⅲ. 행정지도와 임의적 선택의 가능성

Ⅳ. 행정지도와 행정구제

Ⅳ. 맺으며

참고문헌

Abstract

키워드

공물 행정지도 공행정 간척농지 임의적 선택 Public Property Administrative Guidance Public administration reclaimed farmland voluntary choice