The purpose of this study is to examine the change process of the land system of North Korea, and to try to find how to rearrange its system in the unification. it is desirable to examine the land system of the part of North Korea from the viewpoint of South Korea. About sixty years have passed since 1945, when Korea divided into South and North. For half the century, the discussion on the unification has been an issue. Although North Korea which shows severe economic hardships have not outwardly accepted the danger of the destructive system, we can recognize that there are inwardly economic disruption and food hardships, which were problems with the past socialist system. Therefore, there are increasing likelihood that the unity of the Korean peninsula will come true very soon. Land system in South and North Korea has basic difference of such an extent that any effort to find point of reconciliation between them is hopeless. In particular North Korea has been stuck with Socialistic concept of property possession adamantly more than any other Socialistic countries of the world. Accordingly there will be numerous difficulties and challenges for applying our system of Land as it is to post-unification North Korea. The issue of land ownership in unified and socialist transition countries has risen to the basic problem with life. Since the issue has been a major point of debate in the part of North Korea, we should prepare its measures and solutions.
This study established gradual privatization as a basic direction, in which combined privatization (onerous and free distribution) are promoted, in order to minimize the confusion caused by newly secured land in the unification and to ensure efficient system of land management. Specially, this study focused on how to decide and register the ownership of the land which was nationalized without compensation or which used by North Korean as a temporary user. I mainly discussed on granting the land ownership through land auction and public rental system of land or granting the land use right through rental system as a gradual privatizing plan after nationalizing the land. For achieving combined gradual privatization (onerous and free distribution), related institutes need to study and examine more concrete lawful, administrative, and systemic measures afterward such as support programs for the North Korean, introducing the concept of the land pubic auction system, countermeasures for preventing from North Korean land speculation and so on.
목차
Ⅰ. 서론 II. 북한 토지제도의 변천과정과 특징 1. 북한 토지제도의 변천과정 2. 북한 토지제도의 특징 Ⅲ. 통일 후 북한지역 토지제도의 재편 쟁점과 변화 전망 1. 통일 후 북한지역 토지제도의 재편 쟁점 2. 북한 토지제도의 변화 전망 Ⅳ. 통일 후 북한지역 토지제도 재편 방안 1. 북한지역 토지 사유화 처리 유형 2. 혼합형 채택에 따른 북한토지의 사유화 방안 Ⅳ. 결론 [참고문헌]
키워드
통일북한지역토지소유권토지공공임대제도토지공매제도unificationthe part of North Korealand ownershipland auction systempublic rental system of land
저자
박승일 [ Park, Soung-Il | 동국대학교 일반대학원 법학과 박사수료(부동산법 전공) ]
동국대학교 비교법문화연구원 [The Institute of Comparative Law and Legal Culture]
설립연도
2000
분야
사회과학>법학
소개
본 연구소에서는 세계 각국의 새로운 법률제도를 그때그때 입수하여 이를 소개하고 한국 실정에 접목가능성을 연구·분석한다. 아울러 본 연구소는 국내의 각종 학술단체, 연구소, 연구기관과의 교류를 증진함은 물론 외국대학의 연구소와 공동연구를 통해 외국의 법문화와 학풍을 소개함으로써 대외적인 학풍선양에도 기여하게 함을 목적으로 한다.