헝가리의 체제전환과 이전 재산불법의해결 법제에 관한 고찰

Abstract

Hungary was one of the systemtransformation countries in the Eastern European countries that started from the disintegration of the former Soviet Union in 1989. The systemtransformation of Hungary was not by a blood-blowing revolution, but by a full-scale constitutional revision in parliament. The revised constitution of Hungary imitated the liberal democracy constitution. Especially, the enactment of the election law that is based on the Constitution, provided an important signal for the collapse of the former socialist system. Having completed this systemtransformation, Hungary faced on the solution of the illegal problems that had been committed in the previous system. This illegal solution is based on the revised constitution, and it has significance as an important task to be solved in order to establish the rule of law. Among the illegality of the previous system, the problem of property illegality originates from the identification of the former owner. In addition, this problem should be considered as to who the current owner is and who the future owner will be. In particular, this problem is closely related to the de-nationalization of state-owned property. In view of this, Hungary adopted the principle of compensation, not the return to the original owner. The Hungarian Parliament enacted the ‘First Compensation Act ’and the ‘Second Compensation Act’, which are based on this principle. This law provides for 'compensation certificates' rather than monetary compensation. This solution of Hungary has an important meaning in solving the communist property illegal in North Korea which will be faced also in the unified Korea. There have been many discussions in the preceding studies on the principle of return by the materials that Germany adopted. However, from the viewpoint of the financial situation of the unified Korea and the economic reconstruction through rapid investment in North Korea, the method of compensation by Hungary is more appropriate.