Japan -- Foreign relations -- Korea; Korea; Korea -- Foreign relations -- Japan
“This law”—namely, the law affecting real estate—“has been taken up
before all others, because, despite the fact that in the present economic
condition of the country immovables form the most important object of
ownership, Korea as yet possesses no law of any real efficiency to
protect rights relating to real property. For instance, in selling
and buying a piece of land or in mortgaging it, the parties concerned
have nothing to go by but to follow the old custom of handing over and
receiving the _bunki_, or title deeds, which are generally in the
form of a file of documents vouchsafing the transaction. It so happens
that the country is now flooded with forged _bunkis_, and there is
really no security for property. For this reason, in July last (1906)
the Resident-General caused the Korean Government to institute a Real
Property Law Investigation Commission, and urged the investigation of
established customs and usages pertaining to immovables, with a view to
drafting with the utmost despatch a law of real property of a simple and
concise character. The Commission made rapid progress in its work, and
in consequence of this the Land and Buildings Certification Regulations
(Imperial Ordinance) and the Detailed Rules of operation thereof (Justice
Department Ordinance) were promulgated respectively on the 31st of
October and the 7th of November following. According to the Regulations,
in the case of transfer of land lots and buildings by sale, exchange,
or gift, and in that of mortgaging them, the contracts are certified to
by a _Kun_ magistrate or _Pu_ prefect; and a contract thus certified
constitutes a full legal document, by virtue of which the transfer may be
validly carried out without decisions of any law court. When, however,
one of the parties to the contract happens to be an alien, not a Korean
subject, the document needs to be additionally examined and certified to
by a Resident, otherwise the document is lacking in legal efficacy. When
neither of the parties are Korean subjects, certification by a Resident
alone is sufficient. Simple as the law is, its effect is far-reaching.
To give an instance, originally treaties with Korea took cognizance of
a foreigner’s right to possess land only within the settlements and one
_ri_ zone around them, and hitherto all foreigners have experienced
considerable difficulty in securing landed property in the interior
of the country; but now, the above Regulations recognize the right of
foreigners to possess land in the interior, and the result of their
promulgation is the practical opening of the whole empire to foreigners.
Public-domain text, read in full here on John Shaqi.
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