The article discusses the principles of land public concept and care public concept in South Korea, highlighting the balance between private land ownership and social responsibility.
The article authored by Kim Hee-gang, a professor at Korea University, delves into the concept of land ownership in South Korea as outlined in the constitution. The principle of 'land public concept' recognizes personal ownership while emphasizing its public nature, whereby the state can impose regulations for the benefit of the community. This is particularly pertinent as land is a finite resource, shaped not solely by its owner’s efforts but also by the communal growth. Therefore, individual land ownership carries a societal responsibility, as land serves as a fundamental basis for survival and communal existence.
The article references Article 122 of the South Korean constitution, which states that national territory is the basis for the production and livelihood of all citizens. This article allows for necessary restrictions and obligations on land use to promote effective and balanced development and preservation. Throughout various administrations, efforts have been made to institutionalize the land public concept through specific laws, from the introduction of the 'Three Laws of Land Public Concept' by the Roh Tae-woo government to current discussions on recovering development profits and land benefit distribution systems. These initiatives aim to rectify inequalities resulting from land asset concentration and establish a balance between individual rights and social responsibilities.
Furthermore, the author juxtaposes the concept of land with that of care, suggesting that while land provides an external basis for sustenance and production, care acts as an internal foundation for the quality of life. The article stresses that humans cannot exist in isolation and rely on others' care from birth through to old age and illness. Care is described as an essential act that permeates every stage of human life and nurtures the relational soil necessary for political community survival and resilience. The interplay between land ownership and the necessity of care presents a compelling notion of how societal structures must facilitate coexistence and support the well-being of all individuals.
