분단경험과 남북한 상속법 - 북한 상속법을 중심으로 -

Abstract

This research paper studies the changes in both South and North Korean inheritance laws after the division of the nation, and also explores the recent updates in the North Korean inheritance law, the difference between South and North Korean inheritance law and their integration methods. Upon the codification of the inheritance regulations, South Korea, whose civil law was enacted in 1958, codified much faster than North Korea. Inheritance regulations are stated in Part V of the South Korean civil law. However, North Korea codified its inheritance regulations in 1990 as its family law was enacted. Its inheritance law was independently established later in 2002. Upon the changes in the inheritance system after the division, many of the regulations in South Korea have taken the issue of gender inequality into account. On the other hand, North Korean inheritance law has already considered gender equality from its enactment. After 1990, as South Korea revised the Rankings of the Legal Heir and Legal Portions in Inheritance in its civil law in consideration of gender equality, the gap between South Korean and North Korean laws has been narrowed. Still, one huge difference is that, distinct from that in South Korea, North Korean law does not allow one to privately own and inherit the means of production such as land or building. Also, since North Korean inheritance law specifically mentions the Inheritance by Will, one can select or exclude the heir or differentiate the amount of inheritance. Such difference between South Korean and North Korean inheritance laws is due to their distinct political circumstances. Unifying their laws would not be easy, but not impossible. South Korean inheritance law has shown its improvements in considering the issue of gender inequality, and also North Korean inheritance law has broadened the subjects of inheritable properties. Except for their limits on the inheritable property, many legal aspects of North Korean inheritance law are more reasonable when compared to those of South Korean law. Especially, “Freedom of Making Wills” is the basic principle of the modern inheritance law and in order to put this into practice, it is necessary that one admits the inheritance by will and reduces the legally secured portions. In this context, the North Korean regulations regarding the inheritance by will and the legally secured portions are worth looking into.