社會主義國家에 있어서 相續 - 北韓·中國에 있어서 妻의 相續分을 中心으로 -

Abstract

Capitalism is one of the social systems which now exists in most countries of theworld including South Korea after the formal dissolution of the USSR in December1991 and the collapse of Communist regimes. Most capitalist countries have adoptedliberal democracy as a form of government in which representative democracyoperates under the principles of liberalism protecting the rights of the individual,which are generally enshrined in law. Whereas Socialism is a social and economic system characterised by socialownership of the means of production and co-operative management of theeconomy, as well as a political theory and movement that aims at theestablishment of such a system. Most communist countries have adopted thissystem and operated their countries. North Korea and China are typical communistcountries combined with socialism. Speaking of Inheritance, North Korea and China are good examples ofInheritance system in the communist countries with socialist economic system. This paper is going to talk about their inheritance system, particularly,regarding to the share of inheritance for wife in two representative socialistcountries, North Korea and China, with the differences and characteristics of theirlegal systems. Both are basically following equal division of inheritance for the share ofinheritance for wife as a co-inheritor with a husband and a son to realise genderequality and establish secure family system. This is not only special but also typical legal system influenced by their own customs and social atmosphere. Particularly in China, it seems to be more nominallegal system for female spouse than North Korea. Modern society has been trying to increase heirship of wife in the familyunderlying premise of private possession which is far from socialist system. Nevertheless of that principle, socialist countries have adopted privatepossession system partially for their economic development these days. As far as this change goes in the socialist countries, the heirship of wife asinheritance system can be improved with possibility. We cannot be sure of this sort of the change in socialist countries due to thedifference of directing points followed by their own political line. However, weshould consider the heirship of wife as inheritance system seriously in the socialistcountries despite of all the unpredictable factors. Because heirship of wife is getting linked closely with family support matter inthat society. Even in socialist countries, the matter of family support is quite bigissue and it can be able to associate with the change of inheritance system forthem.