통일 후 북한지역 토지의 재사유화

Abstract

According to the Art. 20 of the constitution of North Korea, socialist state land ownership system is stipulated and has been maintained in the Democratic People's Republic of Korea, only the state or a cooperative group can own land as a means of production. First of all, the basic paradigm of the land ownership system after the reunification of North and South Korea, should be based on the private property system and the market economy. And the protection of the North Koreans, economic reconstruction, the balanced development of land and the reduce the cost of unification through the prevent real estate speculation should be seriously addressed. In this respect, the recovery or compensation for land in the North Korea shouldn't be allowed. Because this method may result the difficulties to confirm the original owner, to waste of administrative power, development delay cause of investment atrophy, financing of huge compensation costs, legal disputes between the original owner and the current user. Therefore, in this way we may not easily fulfill the real internal integration. Rather, through the specifically agreement about the method of the reunification or political decisions, the unified government should have the land ownership in the area of the North Korea. And then through the method of preemption preference or amortization of purchase price, it should substantially help the present land users to gain the land ownership and to be protected from the infringement of use rights. I think that it's necessary to protect the people who were lost their land ownership through the illegal confiscation through the enactment of a special law(claim for compensation). Finally, through this paper I want to share the challenges consciousness and various concerns with the preparation for our Unification.