북한의 토지법제와 통일 후 북한 토지소유권의 해결

Abstract

To resolve Land ownership in North Korea needs to apply not our(South Korea) Law but new methods for future of an united Korea. For that, first I examine the Land Law System of North Korea and secondly discuss the Resolution of it's Land ownership after Reunification. In North Korea Civil Law, there is a article about national ownership, “National ownership belongs to the whole People”. Ownership of a social cooperative group is collective ownership of workers joined in the social cooperative group. Personal ownership is ownership only for consumption. After Reunification, there are four principles to settle land ownership in North Korea; ‘Principle of Reorganization pursuant to a way of reunification’, ‘Principle of social constitutional state’, ‘Principle of priority of the best use’, ‘Principle of Investment Promotion’. Theses principles should be observed. If North Korea collapses internally, it will be reunified absorbedly. In that case, problems related to North Korea's land ownership are how to recover ownership of it's original owner. There are largely five theories about these; Theory of privatization after re-nationalization, Theory of recovery, Theory of compensation, Theory of whole compensation, Theory of unnecessariness of return and compensation. The theory of whole compensation is the best solution, even if it contains the unification cost. To insure this theory, an amount of confiscated land's entire compensation can be calculated exactly and source of compensation be secured concretely. “Project Financing” held development benefit of North Korea region as security is suitable plan. First of all, to raise compensation for overall North Korea land should make a special law. And then, Should establish a special corporation by contributions of government. Finally, the special corporation issues reunification bonds and government stands surety of these.