Institute for Legal Studies Chonnam National University最新文献

{"title":"Free transfer and paid purchase of fundamental infrastructures","authors":"Kunwoo Park","doi":"10.38133/cnulawreview.2023.43.3.279","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.3.279","url":null,"abstract":"The scope of fundamental infrastructure to be transferred free of charge to the project implementer is determined directly in accordance with the provisions of the Act on the improvement of urban areas and residential environments(Urban Renewal Act), and the administrative agency does not have discretion over whether or not to transfer and the scope thereof. Summarizing the legislative purpose of Article 97 of the Urban Renewal Act and the conceptual system of public facilities under the current Urban Planning Act, fundamental infrastructure owned by the state or local governments to be abolished due to maintenance projects is the type of infrastructure regardless of whether or not it was installed as an urban planning facility plan. It is difficult to agree with the logic of the existing judgment that drastically reduces the scope of fundamental infrastructure that is transferred free of charge without legal grounds. \u0000Even after judicial criticism of the existing judgment was raised, the attitude of the Supreme Court, which schematically limited the subject of free transfer to urban planning facilities without presenting any additional reason, said that the range of free transfer could not be limited without a statutory basis. It is also inconsistent with the basic position of the precedent. \u0000In addition, in the case of the subject judgment, if the administrative agency explicitly specified the scope of direct gratuitous transfer as the contents of the project im- plementation plan approval, this constitutes the contents of the project implementation plan approval disposition, so the objection to it is, in principle, an appeal against the disposition. will have to resort to litigation. Therefore, it is doubtful whether it is reasonable to judge that the scope of the gratuitous transfer obligation can be directly contested by the project operator in the subject judgment through a party suit. \u0000In the reality of administrative disputes in Korea, which are operated with a focus on appeals suit, in principle, the project operator's disagreement over the scope of gratuitous transfer or purchase for a fee is an appeal lawsuit against dispositions such as approval of the project implementation plan that sets the scope of gratuitous transfer or the purchase agent for a fee. However, considering the purpose of the provisions of the Urban Renewal Act, it is reasonable to widely acknowledge the grounds for invalidation. \u0000Finally, some legislative theories for institutional improvement are presented. First, it is necessary to clarify the scope by specifying in the Urban Renewal Act that de facto infrastructure be included in the subject of free transfer if it meets the physical requirements and publicity as infrastructure. Second, the current law gives up the definition of various public facilities and simply enumerates a list of facilities, causing legal uncertainty. The definitions of various public facilities must be clearly revised in the direction of pr","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128276742","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The ADR Procedure and Implication of Labor Disputes in the United States","authors":"Dongyun Sin","doi":"10.38133/cnulawreview.2023.43.3.173","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.3.173","url":null,"abstract":"In South Korea, specific work procedures have not been established to activate the alternative dispute resolution before and after labor disputes in the relief procedure. In particular, there is no special law that can uniformly and consistently apply the alternative solutions to labor disputes, and the subjects, procedures, and contents of the application are scattered in the Trade Union and Labor Relations Adjustment Act or the Labor Relations Commission Act. Nevertheless, the Labor Relations Commission actively participates from the collective bargaining stage, or the local labor commission leads the cooperation from the local governments to deploy the experts of alternative dispute resolution from the community. Therefore, in order for South Korea to actively introduce and revitalize the methods of alternative dispute resolution in labor cases, it is firstly necessary to establish the legal bases, procedures, and contents for the alternative dispute resolution. \u0000Therefore, this paper aims to derive implications after examining the ADR procedure in the case of unfair labor practices and employment discrimination in the United States. Firstly, the ADR procedure in the United States provides the legal basis in accordance with the Administrative Dispute Resolution Act of 1996, a federal law. Specifically, the ADR procedures and contents of unfair labor practices and employment discrimination cases can be found through the Federal Code of Regulations. Secondly, the agency conducts the ADR procedures according to the work in charge of each agency. In other words, it means that the division of labor by agency is possible depending on the task in charge. Thirdly, the timing of the commencement for the ADR procedure is possible even before applications for unfair labor practices and employment discrimination relief are received. In other words, the ADR procedure may proceed at any stage before and after the issuing for relief. Fourthly, the ADR procedures are based on spontaneity, neutrality, confidentiality, and enforceability. Therefore, either party may withdraw the ADR at any time, and is left at the sole discretion of the party, without incurring any charges or expenses. Fifthly, the National Labor Relations Board has signed the agreement with the Equal Employment Opportunity Commission to provide mediators, while the Equal Employment Opportunity Commission uses not only internal mediators but also external contract mediators. Sixthly, the Employment Equality Opportunity Commission enters into the universal mediation agreement with employers. In other words, the Employment Equality Opportunity Commission encourages employers to enter into the universal mediation agreement to utilize the mediation at the regional, local, or national level. Seventhly, the National Labor Relations Board's ADR reconciliation and withdrawal rate and the Equal Employment Opportunity Commission's adjustment resolution rate exceed 70%, so its effectiveness is excellent.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133199668","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on Clause of ‘Effective Means’ in International Investment Agreement","authors":"Yeu Sun Kim","doi":"10.38133/cnulawreview.2023.43.3.93","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.3.93","url":null,"abstract":"The International Investment Agreement (IIA) provides to investment and investor protection of contracting party’s obligations. It stipulates that if an investment and investor are damaged in violation of IIA’s protection clause, they will be subject to Investor-State Dispute Settlement (ISDS). Among the IIA's contracting party’s obligations, it does not provide for direct regulation of the conduct in judicial court of host countries. \u0000Regulations on the conduct of judicial courts are generally included in the category of ‘denial of justice’ in customary international law under the IIA’s ‘Minimum Standard of Treatment’ clause. It is established in the ISDS precedent. Recently, this is included in IIA's illegal indirect expropriation. The ISDS arbitral tribunal formed the legal principle of judicial expropriation. Judicial expropriation deals with deprivation of investment asset, indirect expropriation, and judicial procedures and substantive judgments. \u0000Regarding the conducts of the judicial authorities, it is regulated by the US model BIT and the Energy Charter Treaty (ECT) of the effective means clause of Article 12(10). \u0000The effective means clause provision be limited to the IIA. It was introduced as a US Model BIT policy in the 1980’s, and is regulated in a number of US BIT’s concluded by this model BIT. And, like the US model BIT, ECT also includes provisions on the receiving country's effective means clause for investor’s claims and rights enforcement. \u0000First, this paper examines the background of the introduction of the effective means clause in the IIA. Examining the legislative background can look into the criteria for interpreting provisions. \u0000Second, the specific types of violations of the provisions of effective means in ISDS arbitration cases were reviewed. \u0000Third, the relationship between the effective means clause of the IIA and judicial refusal was reviewed. \u0000In the case of the ISDS arbitration award, the violation of the ‘denial justice’ of the minimum standard treatment clause and the effective means clause was raised at the same time. The effective means clause is more flexible in interpretation and application than a denial justice. The effective means clause does not require the ‘Exhaustion of Local Remedies’ Rule. In the ISDS case of White vs. India, there is a case in which the MFN clause was invoked and an effective means clause was application. The effective means clause can be a useful guide for interpreting the access to justice clause in the Korea-Japan BIT and the Korea-China-Japan BIT.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131295330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Review on the Inevitable Reasons under article 720 of the Civil Act: Regarding the Claim for the Dissolution in a Two-Person Partnership","authors":"H. Chon","doi":"10.38133/cnulawreview.2023.43.3.31","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.3.31","url":null,"abstract":"Compared to foreign legislative precedents, Korean civil act takes a legislative attitude that prioritizes a general partnership's corporate identity over the autonomy of a partnership. And the Supreme Court of Korea’s judgments are in a position to emphasize the necessity of the collective nature or existence of a partnership. Under these legal regulations, even if a two-person partnership reaches a situation in which trust is significantly impaired, if the problem can be solved by the withdrawal of a single partner, the court allows the remaining partner to continue the business. It would be reasonable to interpret the dissolution claim by limiting the 'inevitable reasons' as much as possible. \u0000In addition, even if the relationship of trust between partners is damaged to some extent, when considering all circumstances related to the cooperative business, it could not be significantly difficult to achieve the partnership’s business. In such a situation, it is more in line with the attitude of our civil law rules to judge whether or not it falls under 'inevitable reasons' by prioritizing the continuation of business in view of the public interest. \u0000On the other hand, if it is difficult to achieve the purpose of the partnership business or if the relationship of trust between partners is destroyed to the extent that it is difficult to recover, a partner at fault may also seek the dissolution of a partnership. However, in judging inevitable reasons under §720 of the Civil Act, if dissolution of a partnership through a reasonable balance of interests is against the rule of good faith, it would be appropriate not to allow dissolution.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133952385","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Meaning of “change in the perspective of criminal law”, which is the standard for changing laws and regulations to which Article 1 (2) of the Criminal Act applies - About: Sentence 2020 Do16420 Decision on December 22, 2022 -","authors":"Seung-Min Cha","doi":"10.38133/cnulawreview.2023.43.3.201","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.3.201","url":null,"abstract":"Recently, the Supreme Court has decided that the change of laws and regulations referred to in Article 1 (2) of the Criminal Act and Article 326 (4) of the Criminal Procedure Act differs from the clear concept of the text, and the applicable laws and regulations should be different depending on whether the change is based on reflective consideration. \u0000It is difficult to find a reason for doing so, and if the position of the motive theory that considers the intention of the legislator is maintained, reducing the interpretation of Article 1 (2) of the Criminal Act and Article 326 (4) of the Criminal Procedure Act, which is favorable to the accused, will eventually be unfavorable to the accused. Based on the fact that the scope of punishment could be expanded in this direction, the previous Supreme Court ruling was reversed and the attitude changed. \u0000Unless the legislature provides a transitional provision stipulating that criminal punishment for violations of previous laws and regulations shall be maintained even after the change of laws and statutes, the Supreme Court shall determine whether the criminal statutes themselves or the statutes authorized or delegated by them concerning the formation and punishment of crimes If the change does not constitute a crime or the sentence is lightened, in principle, Article 1 (2) of the Criminal Act and Article 326 (4) of the Criminal Procedure Act shall be applied regardless of whether the statute was changed based on 'reflective consideration'. \u0000As the Supreme Court recently changed the position of the previous case and seems to have derived the concept of “change in criminal legal perspective” as a new criterion for applying the trial law, it is necessary to examine what the conceptual sign of change in criminal legal perspective means.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121160948","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the Reform of the Notice and Objection Procedures Related to Secret Investigations under Current Law from the perspective of the Constitutional Right to Judicial Process","authors":"Sang-Hyun Shin","doi":"10.38133/cnulawreview.2023.43.3.57","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.3.57","url":null,"abstract":"Considering the purpose of the Constitutional Court's decisions 2012Hun-ma191 (June 28, 2018) and 2016Hun-ma388 (July 21, 2022), which emphasized the importance of post-notification in the case of a secret investigation, and decision 2016Hun-ma344 (August 30, 2018), which saw the defective remedial procedure as an infringement of the right to judicial process, the subject of investigation should be able to request effective remedial procedures to be examined by the court for the illegality of investigative acts during the investigation process, and on the premise of that, the investigative authority should notify that fact. This is a constitutional right derived from the right to judicial process under Article 27 (1) of the Korean Constitution. Therefore, not only the legislative form that has not prepared all notice and objection procedures, but also the legislative form that only has notice procedures but does not has objection procedures violates the right to judicial process of the subject of investigation. \u0000Accordingly, the notice and objection procedures under current law on secret investigations should be revised. It would be most desirable to stipulate all statutory provisions on secret investigations and the notice and objection procedures in the Criminal Procedure Act, as in Germany. However, considering the reality in Korea, where special laws have already been mass-produced, the notice procedures should be reorganized in individual special acts as they are now, but at least with regard to the objection procedure, as in Austria and Switzerland, a single provision should be placed in the Criminal Procedure Act to pursue the unity of the legal system.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131610451","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"In the crime of intrusion upon habitation, entry by deception and breach of factual tranquility","authors":"In-Kyu Wi","doi":"10.38133/cnulawreview.2023.43.2.295","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.2.295","url":null,"abstract":"The Supreme Court has emphasized the intention of the resident in determining a crime of intrusion upon habitation. However, in the Supreme Court's 2021. 9. 9. 2020Do12630 judgement, Supreme court ruled that it should be based on the objective and outwardly revealed behavior at the time of entry rather than the intent of resident. Since then, several judgements have been sentenced to different types of housing, including prisons, shared apartment units, private apartment units, retail stores, and restaurants. In particular, when an outsider with a criminal or illegal purpose receives permission to enter a housing or building using deceptive means, the Supreme Court previously recognized the establishment of a crime of intrusion upon habitation on the grounds of contrary to the will of residents and managers. But, the Supreme Court's 2018Do15213 judgement did not recognize the establishment of a crime of intrusion upon habitation in the case of entering a detention center by making the camera in the shape of a business card wallet to hide the existence of the camera. In addition, the Supreme Court's 2022Do1717 judgement did not admit the establishment of a crime of intrusion upon habitation in the case of entering a girlfriend’s house by attatching a camera to a TV with the purpose of filming her body. In both cases the supreme court denied the establishment of a crime of intrusion upon habitation, noting that there was the consent of each manager and resident. However, if there is an active deception, such as disguising it as an everyday object to hide the existence of criminal tools or disguising visitor’s identity, and if it is made as a means of obtaining permission to enter a housing or building, it is reasonable to evaluate it as an act that violates the actual tranquility of the house even though it does not reach the level of denying the effectiveness of the entry approval.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133640691","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"A Study on the Attribution of Ownership of Auctioned Real Estate when the Auction Procedure is invalidated in the Rehabilitation Procedure after full Payment of the Sale Price in Real Estate Auction","authors":"Young-Jin Jung, Ja-Young Kim","doi":"10.38133/cnulawreview.2023.43.2.35","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.2.35","url":null,"abstract":"In practice, it is often difficult to achieve the purpose of the rehabilitation procedure by ignoring the uniqueness of the rehabilitation procedure and applying the provisions on the Civil Execution Act by analogy. A typical example is a case where the buyer paid the sale price in full and acquired ownership of the auction real estate under Article 135 of the Civil Execution Act, but the above auction procedure was suspended due to the decision to commence the rehabilitation procedure under the Debtor Rehabilitation Act before the end of the dividend procedure. In this situation, if there is a decision to approve the rehabilitation plan after the decision to commence the rehabilitation procedure, the auction procedure is retroactively invalidated. The question is whether the buyer still acquires ownership of the auction object, if the auction procedure is retroactively invalidated, If auctioned real estate is needed for the debtor's rehabilitation, the attribution of ownership of the auction object has a great influence on the success of the rehabilitation procedure. Currently, there is no Supreme Court ruling on the attribution of ownership of the auction object, causing a lot of confusion in the practice of rehabilitation procedures. In light of the provisions of the Debtor Rehabilitation Act and the purpose of the rehabilitation procedure, this paper argued that it is not appropriate for the buyer to acquire ownership of the auction object.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114912688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Reform of Election System of Member of the National Assembly","authors":"Yon-ju Jung","doi":"10.38133/cnulawreview.2023.43.2.1","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.2.1","url":null,"abstract":"The Special Committee on Political Reform of National Assembly recently resolved three reformation proposals for election system of member of the National Assembly which will be submitted to the Committee of the Whole. Those proposals are the Multimembered Constituency + Regional･Mixed-member Majoritarian Representation System, the Multimembered Constituency System + National･Mixed-member Majoritarian Representation System, and the Single-member Constituency + Regional･Quasi Mixed- member Propotional Representation System. However, the Proposals cannot realize the basic principles of the election and the spirit of the Constitution, for exemple the principle of equal election, party democracy, plural democracy, a multiparty system, protection of minority, etc. Therefore, the mixed-member propotional representation system combined with single-member Constituency should be adopted for the effective reform of election system. The constituency of propotional representation system should be nationwide. Futhermore, the number of the National Assembly members should be increased to vitalize the diverse functions of the National Assembly. At the same time, the rate of the proportional representative National Assembly members must be expanded. Also, some important institutional conditions regarding the election should be adopted as follows: the democratization and legalization of candidate nomination process of the party, the closed and fixed list system, closed primary election system, mandatory voting system, etc.","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131654897","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Unconstitutionality of Definition of the Term ‘Farmland’ and of the Provisions on the Qualification Certificates for Acquisition of Farmland in Farmland Act","authors":"Jisu Kim","doi":"10.38133/cnulawreview.2023.43.2.147","DOIUrl":"https://doi.org/10.38133/cnulawreview.2023.43.2.147","url":null,"abstract":"This paper examines unconstitutional issues related to the Farmland Act for the purpose of protecting people's livelihood & resolving legal obstacles to be faced in the process of returning to farming and returning to village. Various restrictions on farmland from the public welfare perspective of preserving farmland and protecting the national environment, conform to the spirit of the Constitution and are reasonable for substantive justice. However, regulations on farmland, which is private property, are restrictions on the freedom and rights of the people, so they should be limited to the minimum necessary. It is the basic responsibility of the legislature, the executive branch, and the judiciary to find a balance between the protection and restriction of property rights. Recently, the Farmland Act has been revised to strengthen strict regulations, and concerns about not small evils are becoming a reality. Illegal diversion and dumping of agricultural land must be strictly and absolutely prohibited. However, due to the strengthening of the Farmland Act, the issuance of agricultural certificates is strictly rigid even by administrative authorities in rural areas that have nothing to do with speculative areas. In Chapter 2, this paper points out that the uncertainty of the definition of 'farmland' in the Farmland Act against the principle of clarity frequently leads to deviations and abuses of administrative discretion, which is likely to be unconstitutional. Chapter 3 focuses on the unconstitutionality of the regulations related to qualification certificates for acquisition of farmland. First, there is a fundamental infringement of property rights guaranteed by the Constitution by restricting the right to dispose of and acquire the right of ownership. Second, the freedom of residence & relocation and the freedom to choose a job are significantly violated. Third, it severely restricts the “right to live in a healthy and comfortable environment” and the “right to lead a life worthy of human beings”, and as a result, “dignity and value as a human being” and the “right to pursue happiness” are also significantly violated. Next, it is analyzed from the perspective of whether the principle of excessive prohibition is violated, the legitimacy of the purpose, the suitability of the means, the minimum of infringement, and the balance of legal interests. And it is also reviewed whether the right to equality is violated, and it is revealed that the denial of ownership transfer registration of illegally diverted farmland is unconstitutional. In addition, the possibility of unconstitutionality of the provision on limitation period for sanctions under Article 23, Paragraph 1 of General Act on Administration is also critically reviewed. Under the Criminal Procedure Act, there is a statute of limitations for the prosecution of a crime, and there is a long and short statute of limitations for various rights under the Civil Act. Citizens must file claims or lawsu","PeriodicalId":288398,"journal":{"name":"Institute for Legal Studies Chonnam National University","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116940915","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}