북한의 부동산법제도 분석 - 부동산 감정평가제도 도입과 관련하여 -

Abstract

North Korea adjusted the scope of socialistic ownership according to the revised civil law following a socialistic constitutional revision in 1998. The key note of it was to expand the object and the scope of personal ownership relatively by downsizing the scope of exclusive ownership of the nation and a social cooperative group. It can be interpreted as a product of the reform process in the economy sector and a phenomenon appeared as ‘the 2nd economy’ took a great part gradually in North Korea. The change of the real estate system is the most salient sector among them. Particularly, the real estate management system has been systemized in a land law, a real estate management law, an urban management law, a socialistic property management law, and a national budget income law based on a series of the real estate laws after a constitutional revision in 2009. This paved the way for increasing the interest in a change in economical condition in North Korea. Regarding the real estate management law (Nov. 11, 2009. The Supreme People’s Assembly selected the government ordinance No.395), there are a wide range of real estate trade in North Korea. They are promoting specific legislation with regard to a relevant dispute and its systematic resolution or securing of a national asset. Considering that there were reforms based on so-called economical management remedial action in July 1, 2002 and the currency reform in 2009, redesigning of real estate laws in North Korea has significance. It is because the laws in North Korea include institutional action which has not existed so far or which requires improvements regardless of success or failure of economical remedial action or currency reform. Most of all, after finding out that North Korea had a system which we believed that there would be none through redesigning of legal system. We realized that they were going through lots of changes in the economical sector. The changes in land use system by the real estate management law and modification of the real estate system by an actual inspection among the institutional changes have important meanings. Although land ownership in North Korea was prohibited, there was a trend of trading a vegetable garden in cultivating a certain level of a small land, or housing construction by personal investment was allowed and a part of housing was sold to an individual at a cost after economical management remedial action in July 1, 2002년 7·1. For that reason, people say that it is not easy to control the real estate black market. That is, if real estate is being traded to a certain amount in North Korea, it could be the beginning of forming foundations to provide our real estate appraisals in North Korea. While we conduct appraisals by 3 appraisal systems, the logic of the real estate price standard in North Korea can be found in a working-land or a construction site similar to our yield capitalization method, and underground resources for the cost method. Perfect price or price minus attraction as a type of real estate price in North Korea can be interpreted as based on our cost method. Restoration price also can be assumed as an index price based on the marketability applied at the time of depreciation of the real estate following a flood damage. Considering the land for payment in accordance with the land use payment regulations in North Korea, the source of fees for real estate use is to stimulate the use of real estate economically. In the view of source payment of the net income raised in plants and enterprises, it can be reverted to be proportionate to the profit rental rate of our yield capitalization method. Therefore, it is necessary to begin changing the real estate system in North Korea from a socialistic system to a capitalistic system in addition to introducing our real estate price disclosure system as its basis in preparation for reunification. It is interpreted that the reunification between the South and North will move forward when our real estate appraisals is introduced by priority to promote fairness of tax system including the collection of land use fees in North Korea providing the change of real estate system in the North as a background.