북한 국토법제 분석과 남북한 국토법제 통합의 방향

Abstract

Unification starts with integration of the land. The territory policy is the foundation of land policy, industrial policy, development policy, housing policy, and environmental policy, etc., and the territory legislation is closely related with the land ownership legislation, economic development legislation, and environmental legislation, etc. The future of unified Korea would depend significantly on the unified territory legislation established through careful combination of the territory policy of the two Koreas which have walked the different paths so far. Since the2000s, North Korea has established a territory legislation of considerable level. They have enacted the National Land Planning Act and the Urban Planning Act as the planning legislation; the Construction Act, the Housing Act, the Urban Management Act, and the Pyongyang Management Act, etc. as the construction and urban management legislation; the Road Act, the Water Supply Act, the Sewage Act, and the Plantation Act, etc. as the infrastructure legislation; the Land Act and the Forest Act, etc. as separate legislation for each element of the national territory; and the Environmental Protection Act and the Environmental Effect Assessment Act, etc. as the environmental legislation. North Korean territory legislation is valued as having a considerable level of system even by comparison with the other socialist countries, countries undergoing systematic transformation such as China and Vietnam, or East Germany before the unification. There are many similarities between the territory legislation of North Korea and South Korea because they are planned legislation. Moreover, the possibilities we find in the North Korean territory legislation are the principles such as sustainability, emphasis on environment, and balanced development, etc. Such elements will be a positive foundation for integration of the territory legislation of the two Koreas. However, there are the non-democratic limitations that the guiding principles in the North Korean territory legislation are socialism and the Juche ideology, and that it is top-down legislation led by the State. The integration of territory legislation of the two Koreas can be achieved in many different ways depending on how the two countries are unified. The easiest way might be to expand and apply the territory legislation of South Korea in North Korea, however, it will require considerable time if the law were to become substantially operable because of confusion on the part of the North Koreans. Compared with South Korea, the North Korean territory requires urgent development of infrastructure, and extensive construction of houses and factories, etc., which will raise various issues if we were to directly apply the territory planning legislation of South Korea which are strongly regulative. Above all, given that the foundation of national land planning is private autonomy and market economy, the first step would be to reorganize the land ownership system, and to nurture the autogenous power through the market. In the meantime, we should also be concerned about eco-friendly territory legislation in order to prevent reckless development in North Korea after the unification. There are many issues to be considered, including but not limited to selecting and educating North Koreans to become the principal agents in national land planning and management, utilization of the border areas, and ecological use of the demilitarized zone. It is necessary before the unification for the experts in the field of national land of both Koreas to exchange and cooperate for mutual understanding.