독일과 헝가리의 공산주의 수용재산의 해결법리

Abstract

The purpose of the paper is to illuminate the unified Korea's legal theory of solution by reviewing how and through which method the unified Germany and Hungary have resolved issues on properties which were expropriated under the Communist regimes. For the expropriated East German properties, the unified Germany elected a two-pronged method: First try to return the property to the original owner, and if that does not work, compensate the owner for the property. This method required a great deal of time to execute and delayed the process of privatization of state property. Then, Germany attempted to correct the problem by applying liberally the Special Investment Priority Act from the reunification agreement. The emphasis was on the investment of the property over the returning of the property. This change in the principle did not help solve the issues associated with the return policy since the investment policy created its own problems. The Hungarian solution was devised to address the previously established complicated property ownership rules and dire national financial situations. The Hungarian solution deemed not only to protect the original property owner but also to help a new investor or a third party gain right with ease. Further, the Hungarian solution can be carried out independently of the privatization of the state property, which promotes a speedy privatization of the state property. Therefore, the Hungarian solution would be most appropriate for the unified Korea's solution to the issue of the expropriated properties.