북한 ｢재산집행법｣의 내용과 기능에 관한 고찰

Abstract

In North Korea, the meaning of property execution or civil execution is defined as "an activity of an executive organ that forcibly guarantees the realistic realization of a judgment by state authority when a debtor refuses to fulfill his or her obligations." This is the same as South Korea's 「Civil Execution Act」 in terms of functionality. And in terms of content, it is also no different from our case, where the procedure for determining the judgment in a civil lawsuit and implementing the court's decision is understood as civil execution. Before Dec. 14, 2021, North Korea did not have an independent law for property execution like South Korea's 「Civil Execution Act」, but it had enforced the debtor's property based on the 「Civil Procedure Act」 and 「Judgment Execution Act」. In addition, considering that the term 'Civil Execution Act' was used in the literature, it can be seen that the compulsory execution system was recognized. In this situation, on December 14, 2021, North Korea enacted the 「Property Execution Act」 by the Supreme People's Assembly (No. 807). Accordingly, the 「Property Execution Act」 replaced civil execution under the 「Judgment Execution Act」, especially in execution of property. In addition, Article 6 (2) of the 「Property Execution Act」 stipulates that "this law applies to the execution of judgments and decisions made by foreign courts or arbitration bodies.. It created a basis for blocking property execution in North Korea by foreign courts. Therefore, this law also applies to special economic and trade zones in North Korea, and it can be seen that it also serves as a governing law for the execution of property in North Korea by foreign courts. And the peculiar thing about this law is that prosecutors exercise certain powers in civil cases. In other words, it is also characteristic that prosecutors participate in the execution of civil cases and become a party of enforcement procedures (Article 31). The enforcement under the Property Execution Act can be seen as the relocation of other laws regarding civil litigation and civil execution procedures rather than the emergence of a new legal system. Article 6 restricts the direct enforcement of North Korean property by foreign courts. Therefore, this law can also be applied to special economic and trade zones in North Korea, and it can be said to have a character of an private international rules. And this law is not different from south korean civil execution Act in terms of the functional aspect. Therefore It is not difficult to find a common basis for legal integration and common ground in the field of civil execution. But it is necessary more cautious to approch, when it comes to the issue of rights, that are for the land and building ownership. Because it comes from differences in economic systems.