earticle

영어

Article 23, Section 1 of Korean Constitution "The Property Right of all people is guaranteed'" means that the continuance guarantee of Property Right should take precedence over the guarantee of Value. Exceptively, the order of priority can be inverted by expropriation for public use. In these cases, however, the precondition of 'the Needs for Public' should be preceded. If this requirement isn't met, the order of guarantee should be put back again for the Continuance Guarantee of Property Right. For this, Korean law sets Repurchase Right. However, there are some limits about the exercise period of Repurchase Right and about the cases that the exercise of Repurchase Right is allowed. Korean Law also admits the restriction of exercise of Repurchase Right caused by the change of public utilities, and it is hard to see the law like this among other countries. Even the Constitutional Court as well as the Supreme court admits the necessity for the restriction of exercise of Repurchase Right. In this paper, some considerations are discussed which are needed to get the Repurchase Right System settled as effective ways to protect the Continuance Guarantee of Property Right