최근의 북한의 사유화․시장화 현상에 비추어 본북한 불법행위책임제도에 대한 고찰

Abstract

As, after the great famine, so called ‘Arduous March’ in North Korea in themid-1990s, marketization and privatization phenomenon are widely spread andthe object of individual ownership is expanded with the revision of constitutionin 1998 and the necessity of protection of the property rights increased withthe increasing the number of unlawful acts according to deep economic recession,North Korea established ‘Damage Compensation Act’ separately existing Civillaw in 2001. It is very positive change that North Korea had made an attemptto legislate more specifically in the area of tort liability. Although there aremany problems to be revised in the Damage Compensation Act, compared toother field of laws especially public laws, there are relatively many similaritiesbetween tort liability of South Korea and that of North Korea. It is necessaryto take more interest in the improvement of tort liability of North Korea andthe unification of the tort liability system because there are more possibilityof increasing dispute with the vigorous exchange and cooperation between thetwo nations in the future. The expansion of marketization and privatization inNorth Korea is irrevocable historical flow. So, the tort liability system of NorthKorea needs to follow the universal modern civil law system ruled by suchprinciples, principle of private autonomy, equitable sharing of loss, etc.