통일 후 북한지역 몰수토지의 반환 및 보상에관한 연구

Abstract

If a discussion on the problem of the constitution of unification was begun in earnest, it would not be hard to predict that the problems related to the reform of North Korean land ownership system and the processing of former land ownership would become the biggest issue. As one can see, the South and the North have established the extremely heterogeneous land policies through the separate land reforms after the establishment of their respective regimes. North Korea disapproves all of individual ownerships for the means of production including land and only approves the ownerships of the state and cooperative organizations. On the other hand, since South Korea guarantees the ownership of land as a basic individual right by the constitution, ownership disputes as to the confiscated land in North Korea will be inevitably raised even after unification. Therefore, it would be important to plan a new land system by integrating the two legal systems, which were founded based on the different ideologies and systems, for thorough preparation of unification. However, it would be still imperative to resolve the problem about how the land of original owners, whose land was robbed by the land reform, should be processed as the first consideration. The current constitution states the principle of "just compensation" for expropriated land. However, it is directly related to the costs of unification; thus, it would be required to examine whether it would be possible to apply equally such interpretation in the process of unification. The problem related to return or compensation to original owners in regard with the land reform of North Korea after unification will likely have a profound impact on the speed of economic recovery in North Korea and also the social integration of the two Koreas depending on the type of resolution. Being aware of such problem, this study examined North Korea's current legal system for land that was fundamentally different from the land system of South Korea through exploring the process of North Korea's land reform historically (Ⅱ.) and reviewed whether there exists an obligation for compensation by the unified Korea as to the confiscated land of North Korea. On that account, this study aimed to seek an appropriate solution by examining the method, extent and subjects of compensation for confiscated land in connection with the interpretations of Paragraph 3 of Article 23 of the constitution (Ⅲ.).