북한 지적법의 개황(槪況)과 최근의 변모(變貌)

Abstract

Cadastral is an act which the government divides the whole national territory into parcels, registers the physical state and the legal relation of rights to the official books about it and administers and utilizes it, the national land. This thesis studies about the cadastral act of North Korea, discusses the property management rule of Gaesung industrial district and the cadastral regulations of property management act which were established since 2004 and make researches in the recent change and distinguishing features in the cadastral law of North Korea. Then based on these, this dissertation points out problems regarding the cadastral law of North Korea and present the way to integrate the cadastral systems of South and North Korea, preparing for the unified nation. Formerly, the simple regulations such as the ones regarding the way of registering the ownership of land to the land cadastre and making use of it and the rules about the change of land category were the only the cadastral law which North Korea only had. However, North Korea changed its law to be able to register or to modify the usufruct of land as the regulation of real estate property of Gaesung industrial district was legislated. And North Korea enacted systemized laws with regard to registration of real estate and practical investigation (Article 4-Article 21) and the property prices and fees. There are problems in cadastral act of North Korea. The simplicity of land category and cadastral register, non-systematization of the cadastral law and the fictiveness which there exists taxes while saying that tax was abolished already are the ones. Therefore, the solution for unifying the cadastral laws of South and North Korea can be systematization of cadastral act, changing the cadastral system into the multipurpose one, computerization of the cadastral law, the integration and subdivision of land category, cadastral reexamination enterprise, the change in land ownership system of North Korea and the expansion of registration system of land usufruct.