• Title/Summary/Keyword: Land Ownership

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A Study of the Arbitration to the Rural Land Contract Disputes in China (중국 농지임대차분쟁의 중재에 관한 고찰)

  • Kim, Yong Kil
    • Journal of Arbitration Studies
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    • v.21 no.3
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    • pp.137-163
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    • 2011
  • The Law of the People's Republic of China on the Mediation and Arbitration of Rural Land Contract Disputes, which was adopted at the 9th session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on June 27, 2009, is hereby promulgated and shall come into force as of January 1, 2010. This Law is enacted with a view to impartially and timely settling the disputes over contracted management of rural land, maintaining the legitimate rights and interests of the parties concerned and promoting the rural economic development and social stability. The mediation and arbitration of disputes over contracted management of rural land shall be governed by this Law. The disputes over the contracted management of rural land include: 1) disputes arising from the conclusion, fulfillment, modification, cancellation and termination of rural land contracts; 2) disputes arising from the sub-contract, lease, interchange, transfer, holding of shares and other means of turnover of contracted management rights to rural land ; 3) disputes arising from the withdrawal and adjustment of the contracted land; 4) disputes arising from the confirmation of contracted management rights to rural land; 5) disputes arising from impairment to the contracted management rights to rural land; and 6) other disputes over contracted management of rural land as prescribed in law and regulations. The disputes arising from requisition of collectively owned land and the compensations therefor do not fall within the scope of acceptance by the rural land contract arbitration commission, they may be settled by means of administrative reconsideration or lawsuits. In the case of disputes over the contracted management of rural land, the parties may make reconciliation by themselves or may request mediation by the villagers' committee, people's government of the township (town), etc. This study analyzed each process and the main issues on the point of the Mediation and Arbitration of Rural Land Contract Disputes.

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A Study on the Policy of Reserved Forests in Korea - mainly, on the designation and cancellation of reserved forests - (보안림정책논고(保安林政策論考) - 보안림(保安林)의 지정(指定) 및 해제(解除)를 중심(中心)으로 -)

  • Choe, Kyu-Ryun
    • Journal of Korean Society of Forest Science
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    • v.4 no.1
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    • pp.1-8
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    • 1965
  • In this study, the present institution of reserved forests in Korea has been criticized through the analysis of the present situation of reserved forests in Korea, and mainly, on designation and cancellation of them because of this important institution thought as restriction of forest ownership. Reserved forest land in Korea as of the end of 1962 is 996,915 chungbo in area, or about 14.8% of the total forest land area, 6,750,324 chungbo in Korea, and we can find that the area of reserved forest land has increased remarkably since the Liberation in 1945, in comparison with about 180,000 chungbo-a little over 1% of the total forest land area, 16,000,000 chungbo, through Southern and Northern Korea till the Liberation in 1945. This fact clearly proves that Korean forests are extremely devastated since the Liberation in 1945, and in Korea we can find that reserved forest policy is very important in forest policy, consequently, reserved forest institution must be dealt with care. Moreover, the area of reserved forest land, 996,915 chungbo, which is divided into 43,820 chungbo of national forest land, 59,302 chungbo of public forest land, 893,793 chungbo of private forest land, and private forest land is excellently large, or about 89.7% of the total area of reserved forest land. In this number, we may understand the fact that reserved forests have the most influences on private forests, therefore, we may recognize that it is necessary for reserved forest constitution which is infringement of private right to be carried out carefully. From the first beginning, the institution of reserved forests is serious restriction to the forest ownership. Consequently, when the area of reserved forest land grows, it interferes seriously with the free forest management and the desire for forest own ership is decreased, at the same time, forest enterprise results in obstruction. Especially, Korean forests are destroyed extremely at present, so, intensification of reserved forest institution is unavoidable for completion of the national aim which forests have, but the author thinks that reserved forest institution must be as avoidable as possible, and we have to obtain good results by supervision of forest management which is regulated in the Forest Law. Consequently, designation of reserved forests must be minimized, and although forests were already designated as reserved forests they must be cancellated as fast as fast as possible and put them free in the owner's hands when they are in cancellation conditions. According to the provision of Article 18 of the Forest Law concrete cases designated as a reserved forest are enumerated for the purpose of maintaining the forest ownership and avoiding to give the forest authorities a free hand in order to protect forest owners from one-sided damage. Therefore, the forest authorities must not abuse the institution of reserved forests, and it is not good tendency to give only the authorities a free hand in eesignation and cancellation of reserved forests, and especially, when the forest owners object to that, establishing some legal organization like the reserved forest council in each province in order to hear about impartial opinions, and it is more suitable than administrative disposal by the same organization. The compensation of damages for reserved forests by the provision of Article 25 of the Forest Law is a different problem by forest policy, but the results of compensation of damages regulated in the Forest Law are wholly lacking up to now, the author thinks that this is caused to poor forest cover, the forest owner's unconcern and insincerity of administrative authorities. Therefore, the government must enlarge the range of compensation and minimize the forest owner's economic sacrifice, also, the government must mollify the conditions of the legal restrictions to reserved forests, and harmonize with functions of national conservation and economy. This means that it is necessary to modify the restrictive conditions for the effective utilization of forest resources within the range in which can be attained the purpose of designation, from permanent prohibition of cutting. Except the reserved forests of fish habitat, public sanitation, maintaining scenery and navigational mark ect., most of reserved forests are prohibited from cutting, and the present situation of forests in Korea are extremely devastated and those forests are not so expected in cancellation possibility in near future. Therefore, when the forest owners apply for national purchase of those reserved forests, the government had better nationalize them, protect and manage to reduce the forest owner's economic sacrifice.

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Questioning the Legitimation of Indonesian Sustainable Palm Oil Certification in Independent Smallholders Inside Company Concession Areas

  • Widyatmoko, Bondan
    • SUVANNABHUMI
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    • v.10 no.1
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    • pp.117-147
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    • 2018
  • Only a few researchers highlighted the implementation of Indonesian Sustainable Palm Oil (ISPO) certification. These neglected the importance of analyzing the different trajectories of the relations of production in Indonesian palm oil development. As a result, there is a prevailing doubtful attitude on ISPO legitimation. This paper aims to identify how independent smallholder pilot projects give meaning to ISPO legitimation and implementation. It explores production relations in a smallholder community, focusing on land ownership, the formation of a cooperative, and response capability in cases of failure. This paper reveals that the project brought greater understanding to the community with regards to sustainability, as well as strengthened cooperation between the company and the cooperative. This, despite the community's confronting the same problems of land legality as other independent farmers, as the community is located inside the company concession (Hak Guna Usaha, HGU).

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Prediction of Household Ratio by Rice Farm Scale in ChungCheongnam-province - Focused on Markov Chains and Quadratic Programming - (충청남도 논 경지규모별 농가비율 예측 -마르코프체인과 이차계획법을 중심으로-)

  • Kim, Sung-Rok
    • Journal of Agricultural Extension & Community Development
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    • v.24 no.1
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    • pp.1-8
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    • 2017
  • The Purpose of this study is to predict farm size per farming household in Chungcheongnam-province by using the Markov chains and Quadratic Programming.. The results are as follows; First, small-scale farms with less than 1.0ha of land are predicted to be still more than half (of total farming households) in 2025 as well. Second, large-scale farms with 3.0ha-5.0ha land and extra large-scale farms with over 5.0ha of land are predicted to gradually expand their proportion in total farm scale. Third, middle-scale farms with 1.0ha-3.0ha land are forecasted to be reduced in their relative proportion. It is required to take into account regional characteristics to improve the effectiveness of a rice industry policy. Therefore, this study has some significance in attempting to research on the ownership structure of rice production areas in consideration of target regions.

The Analysis of the Coastline Data Registered in Cadastral Records (해안토지의 지적공부등록실태 연구)

  • Choi, Gyu-Myeong;Kwon, Jay-Hyoun;Choi, Yun-Soo
    • Journal of Korean Society for Geospatial Information Science
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    • v.14 no.4 s.38
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    • pp.45-51
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    • 2006
  • Recently the coast is an important area in terms of spatial land use and natural environment conservation such as the expansion of a national land and the development of a coastal industrial zone in Korea. We can not provide a proper solution for a boundary determination raised by a land ownership dispute due to the insufficient coast land registration. We observed the status of the coast land registration and analyzed the problem through the investigation of the difference between a land title and a coast land in the study area. We selected the west coast with the big difference between the ebb and flow of the tide as the study area from a paper review, compared a cadastral line with a coast line and suggested a good guideline to solve the problem through understanding the status of the coast land title registration in Korea.

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A Study on Affordability of Bogeumzari Housing in Metropolitan Area: Focused on Public Sales Housing, 10-Year Rental Housing, and Shared-ownership Housing (수도권 보금자리주택 대상계층의 지불가능성 분석: 공공분양, 10년임대, 분납임대주택을 중심으로)

  • Choi, Eun-Hee;Kim, Ok-Yeon;Lee, Jong-Kwon
    • Land and Housing Review
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    • v.4 no.4
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    • pp.361-370
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    • 2013
  • The purpose of this paper is to appraise Bogeumzari Housing Program(BHP) which is providing public housing of different types for the target brackets on a matching system basis. Especially, on government's announcing BHP plan with the designation of several Bogeumzari districts in Seoul Metropolitan area, they raised a question about target groups' receiving the benefits of BHP plan and this paper focuses on the question. We tried to analyze two topics. First one is about the exorbitant windfall profits to the future potential residents derived from low price or rental cost of Bogeumzari Housing in comparison with neighborhood's market price. Second one is the low possibility of low-moderate income household's access to absolutely high price Bogeumzari Housing that is because the market price is so high in some area. BHP includes not only long-term public rental hosing(Permeant rental housing, National rental housing) for low income households but also other types of public rental housing(10-year rental housing, shared-ownership rental housing) for moderate income households. So, in this study we tried to find out the affordability of each bracket in three public housing types, which are public sales housing(condominium), 10-year rental housing and shared-ownership rental housing. Through analyzing the housing affordability by types, regions, size, we tried to seek the answer to the controversy and propose policy implications related to the future public housing programs.

A Study on the Regional Variation of Tenancy System in Later Yi-Dynasty in Korea (조선(朝鮮) 후기소작(後期小作) 형태(形態)의 지역적(地域的).차이(差異)에 관(關)한 연구(硏究))

  • Kim, Ki-Hyuk
    • Journal of the Korean association of regional geographers
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    • v.2 no.2
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    • pp.1-8
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    • 1996
  • The purpose of this study is to analyse the regional variation of tenancy system in later Yi-Dynasty in Korea. Materials for the analysis are acquired through materials(韓國土地農産調査報告), published in 1905 and agricultural census published in 1912. For the identification of difference of tenancy system between agricultural region, regionalization are conducted through by crop combination. Crop combination structure, using rank of LQ index, was clustered into five generic lesions through cluster analysis. In these contexts, this study has come to following conclusions. There are three types of tenancy system in materials; (1) Doji(賭地) system of which landrent was 1/3 agricultural products. Tenant healed the land tax and seeds. (2) Byoengjak(竝作) system of which landrent was 1/2 agricultural products. Landlords healed the land tax and seeds (3) Jeongaek(定額法) system of which landrent was fixed without relation to annual products. But through the analysis of relationship between agricultural region and tenancy system, a new tenancy system could be identified : Byeongjak(竝作) II system. In this system, landrent was 1/2 of agricultural products, but landlord and tenant shared the landtax and seed in common. In the distribution of these systems, relationship between tenancy system and agricultural regions could be identified. Doji system was distributed in the regions where rice and double cropping was specialized. But Byoeongjak(竝作) system was distributed in the regions where upland crops are specialized and ratio of Paddy field is comparatively low. Especially new types were emenged where ratio of paddy field was very low. These show that increase of productivity of land didn't induce the development of the right of ownership in land. The development of ownership was emerged only on the rice paddy fields. Barley cultivated through double-cropping passed into tenant's possessions. So nominal landrent in paddy field seemed to be raised, but actual landrent was maintained about 1/3 of Products through double cropping. On the contrary, rights of cultivation is developed through double cropping. As double cropping is developed, competition on paddy field between tenants was intensified. Consequently nominal land rent of Paddy fields should be raised.

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A Study on the Application of Spatiotemporal Data Model for Land Information (토지정보를 위한 시공간 데이터 모델의 적용)

  • Jang, Seng-Ouk;Jo, Myung-Hee
    • Journal of the Korean Association of Geographic Information Studies
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    • v.14 no.2
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    • pp.162-169
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    • 2011
  • Land information is the real-time spatial thing which must be considered with spatial and time factors. This study aims to apply and implement an appropriate spatiotemporal model for land information by exploring spatiotemporal data models which have been suggested in the previous studies. The implemented spatiotemporal model in this study is characterized by time and attribute. In the time aspect, it is divided by valid time and transaction time, and in the attribute aspect, includes the related information such as area and ownership. At the spatial point of view, the model has a spaghetti information structure as reducing information overlapped by managing the spatial information coordinates. The spatiotemporal land information model in this study facilitates representing the quality of attribute, spatial and time information.

A Study on the Case Analysis by Type of the Cadastral Surveying Screening (지적측량 적부심사 유형별 사례분석에 관한 연구)

  • OH, Yi-Kyun
    • Journal of Cadastre & Land InformatiX
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    • v.52 no.2
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    • pp.137-152
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    • 2022
  • The cadastral boundary points which cadastral surveyor presented on the ground by conducting cadastral surveying represents the limits of land ownership and give binding force and determination power. However the land disputes have increased these days mainly due to cadastral registration errors, surveying errors and land owners recognition error. In these cases, the cadastral survey interests try to find solution by either a administrative procedures by appealing civil complaint or border determination litigation through court. The neighboring residents and related organization have difficulties in resolving the civil complaints. In this study cadastral surveying and cadastral boundary determination process has been reviewed and the results of cadastral surveying screening by Central Cadastre Committee from 2016 to 2021 have been classified. The outcomes of this research will be used for cadastral surveying and contribute for reducing land disputes and improve reliablity of cadastral surveying.

A Study on the Effect of Residential Environment Characteristics on Residential Satisfaction, Residential Ownership Consciousness, and Housing Movement: Focusing on MZ Generation in the COVID-19 Period (주거환경특성이 주거만족도, 주거보유의식과 주거이동에 미치는 영향 연구: 코로나19 시기의 MZ세대를 중심으로)

  • Yun-Hui, Hwang;Jaeho, Chung
    • Land and Housing Review
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    • v.14 no.1
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    • pp.47-66
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    • 2023
  • This study reviews prior studies on the residential environment characteristics, residential satisfaction, residential ownership consciousness and housing movement of MZ generation and analyze the structural equation models using the 2020 Korea Housing Survey data. Using 14 residential characteristics based on three classifications, we explore the effects on residential satisfaction, residential ownership consciousness, and housing movement. The empirical results are summarized as follows. First, based on factor analysis with Varimax of principal component analysis, parking facility items were excluded from the analysis by hindering validity, and as a result, KMO was 0.925 and Bartlett's test result showed a significant probability of less than 0.01. This indicates that the factor analysis model was suitable. Second, the results of the structural equation analysis for the MZ generation show that the surrounding environment, which is a potential variable of the residential environment characteristics, was statistically significant, but the accessibility and convenience were not statistically significant. Third, we find that the higher the satisfaction with the accessibility of commercial facilities, the more significant the sense of housing ownership appears. This suggests that the younger generation such as the MZ generation has a stronger desire for consumption. Fourth, the overall housing satisfaction of the MZ generation was significant for housing movement, but not for housing ownership. Compared to the industrialized generation, the baby boom generation, and the X generation, MZ generation shows distinct factors for housing satisfaction, housing ownership, and housing movement. Therefore, the residential environment characteristics of the residential survey should be improved and supplemented following the trend of the times. In addition, the government and local governments should prioritize actively participating in the housing market that suits the environment and characteristics of the target generation. Finally, our study provides implications regarding the need for housing-related research on how differ in special temporal situations such as COVID-19 in the future.