한국의 地番부여체계와 새住所 表示 制度에 관한 硏究

Abstract

The Korean land register has been formed in accordance with the land survey undertaking and the forest land survey undertaking and the lot numbers have been written with the framing of the land(forest land) register and the cadastral(forest land) map in accordance with both undertakings. The lot number has served its minimal function as the address number due to the lack of the long-term plan on the lot numbers though it may be 90 years since two undertakings. The lot number system based on the Land Register Law has many advantages but also presently has many problems as a result of its long-term use. As previously described, the lot number system has played a reduced role in identifying the location on account of such problems as the confusion in the setting of lot numbers, the confusion in marking lot numbers, the mixed use of the form of lot numbers, the mixed existence of vacant not number/double number and the like. For this reason, people needing their own address are feeling the need for the readjustment of the lot number system. Each lot number is imposed on land all over the country after the date of its registration and has served its functions such as the standard of the place, the standard for marking real rights, the standard for spatial planning and the like. Its important point as the standard of the place is that the lot number becomes the standard of the place in social activity and legal activity such as the place of permanent address, the place of resident registration, the place of present address, the seat of property, address, the place of residence, office and business place and the like. As the function of marking real rights, the lot number functions to allow people transact land by disclosing the formation of real rights of real estate and make clear the marking of real rights of real estate because real rights are readjusted and changed on grounds of the lot number on the land register. As the standard for spatial planning, the lot number has become an basic element in the object of taxation at the same time that the standard lot used in making a public announcement of land price has been computed by lot. Especially, the lot number as the central code of indexing and retrieval in the comprehensive land information system is performing an important role of becoming the standard in formulating and implementing the spatial plan. With the increasing frequency of large-scale international events held in Korea, government has introduced and gone ahead with the new address marking system that is to impose each number on the road name and the building since 1996 to the effect of providing easy and accurate locational information and traffic information for an increasing number of tourists. It is the large-scale undertaking made up of the three stages ranging from 1997 to 2009. This undertaking, when completed, is expected to have considerably great repercussions over society such as quick response at the time of occurrence of disasters of all sorts, the reduction of social costs stemming from physical distribution and traffic congestion. But this undertaking was incorporated into the public work undertaking and has thus far been implemented without any legal grounds in accordance with the guidance of the Ministry of Government Administration and Home Affairs, and its related regulations have recently been enacted. But it is difficult to go ahead with the undertaking due to the absence of budgetary support and the general public has considerable difficulty using it on account of the irregular road networks and a great numbers of road names. In advanced countries such as the United States and Europe, the lot number system and the administrative system are the same, and the lot number system is used only in such affairs as land register, registration and taxation, whereas the postal and administrative system is used on the basis of the road name and the building number. At this point of time, the fundamental solution to the problem of the current lot number system is the reorganization of the lot number system by the land register resurvey undertaking. The Ministry of Government Administration and Home Affairs made a previous announcement of the will to legislate the bill for the land register resurvey undertaking in Sept 10, 1996 and planed to spend the budget of 6 trillion won in surveying land all over the country. But since the land register resurvey undertaking is the national undertaking that requires the very long-term period and financial resources, it is desirable to reorganize and readjust the current lot number system as the short-term plan step by step. And to reorganize the lot number system and go ahead with it efficiently in the land register resurvey undertaking in the long-term period, it should be determined with sufficient time and through the procedure for testing it by holding the comprehensive seminar and the public hearing and analyzing the foreign lot number system. For now, it is high time that it should be desperately necessary to reorganize the lot number system which has the function of the lot-number address that enable anyone in Korea to locate any place in any region. And to reduce the losses of cost(registration fees, the cost of changing public books and the like) caused by the change of lot numbers in the land readjustment undertaking and the like, it is thought that it is necessary to improve the method of setting the lot number of land in land readjustment undertakings(redevelopment and rebuilding). Since the current land readjustment undertaking and the like require a long-term period of construction and the period of registering on the public land register the determined lot number to be used after the completion of the undertaking is after the public notification of lotting-out disposal(completion of the undertaking), land developers and would-be occupants come to use provisional lot numbers unregistered on the land register for a considerable period(including the period of temporary use). The use of provisional lot numbers unregistered on the land register(there often occurs cases that the lot number at the time of temporary use is different from that at the time of actual use after the completion of the undertaking), it has become the factor that has brought about a disbelief in adminstration from occupants and would-be occupants. Therefore, it is thought that when the land developer applies for the change of the lot number of one land into the determined lot number in case of the land licensed for development as the land readjustment undertakings(redevelopment and rebuilding), the competent agency needs to screen its application from the initial stage of land development and grant the land developer the change of the lot number.