북한주택의 사유화 이후 임차인 보호방향

Abstract

The title of this thesis is ‘Legislative Direction for the protection of lessee after the Privatization of Housing in North Korea’. It would be meaningful to logically verify how to reorganize the housing ownership and lease system and what aspects to consider for the reorganization in the process of systematic unification when two Koreas come to unify in the future. Of course, it would be difficult at the present moment to predict exactly what problems may arise in the future. However, there should be efforts to find solutions for problems related to regulation of public order so that the risk of causing unreasonable consequences can be minimized. Since housing ownership and lease system is not something that is being newly developed but is a system which has evolved along with the history of mankind, a thorough examination of past problems can lead to a future legal system that is more rational and accords with substantial justice. Therefore, to rationally reorganize the housing ownership and lease system for unified Korea, it is necessary to evaluate how this system has changed through the years. Particularly, the modernization process of housing system would have a significant relationship with the reorganization of the system for unified Korea. To reorganize the housing system for unified Korea, it is necessary to examine the historical development process of the past system. It should be noted that the main purpose of unification is to stop passing on the sorrow of the divided nation to the future generations, and to strengthen competitiveness of North Korea by activating the local economy. Thus there is no reason to apply property rules of South Korea, which is regulated in the Constitution, directly in the changing situations caused by the unification. In using of others′ housing in North Korea, it is actually impossible for a lessee to make a contract with a landlord in equal status. And even after the contract, a lessee′s right of lease was still in unstable condition, which leaded to raise the problem of lessee protection. I explained about the main contents of the Privatization of Housing in North Korea and dealt with the important contents of the Privatization of Housing in North Korea and suggested especially the problems and improvements in connection with legislative direction for the protection of lessee after the privatization of housing in North Korea.