북한부동산법제의 동향과 평가 -1998년 헌법 개정 이후의 민사법제의 변모를 중심으로-

Abstract

North Korean civil code was revised in 1999 since the amendment of constitution law in 1998 and then there are big changes which are private position and private transaction of the property in real estate legislation including the property of the state, the property of social cooperative organizations, private property. North Korea approved the disposition of the transfer and Inheritance in the land usufruct through the revision of the law of land rental in 1999, the legislation of the real estate regulations of Gaeseong industrial district in 2004, the laws to be related in the reformation of economy and the open-door policy. Regarding the laws above are the special act which is applied in the case of foreigner only. The real estate legislation of North Korea is getting change a lot through the legislation of Inheritance Act and Compensation Act, the revision of Criminal Act and Environmental Protection Act. In addition to that, there are lots of illegal customs, for instance, monopoly of apartment, the pawn right of real right granted by way of security, the lease of building for residence in North Korea, therefore, supposedly there will be the legislation to compensate for the actual situation of North Korea.