북한(北韓)에서의 토지이용권(土地利用權)의 설정(設定)과 유동화(流動化) -개성공업지구(開城工業地區)의 토지이용권(土地利用權)을 중심으로- = Institutionalization and Transaction of Land Use Right in North-Korea -For the Protection of Land Use Right in the Gaeseong Industrial District-

다국어 초록 (Multilingual Abstract)

With the establishment of the socialistic regime in the region of the North-Korea, the land reform had been carried out in 1946, by way of confiscation without compensation and distribution without payment on the ideological basis of the socialism. Through the socialistic land reform, the lands of landlords had been confiscated, which had been cultivated not by themselves, but by tenant farmers by way of tenancy, und the confiscated lands had been distributed to tenants, who had not owned their lands. After the socialistic land reform in the North-Korea, the private land ownership to the distributed land had not been denied. But the distributed land could not be sold, leased and securitized. From 1954 it had been started that the whole land of the North-Korea should be transformed into the socialistic land ownership by way of the socialization of the means of production, by which private ownership to land is denied. Therefore, the whole land of the North-Korea has been begun to be owned by the North-Korean regime or the collective farming cooperations. In the North-Korea, the socialization of the means of production had been finished in 1958. After 1958 until now, the total land in the North-Korea has been owned by the North-Korean regime or to the collective farming cooperations. Naturally, the land in the North-Korea can not be transferred, securitized and leased. The total transformation into the socialistic land ownership in the North-Korea had been legally endorsed and ratified both by the Socialistic North-Korean Constitution in 1972 and by the Land Act in 1977. The North-Korean regime had kept the socialistic land ownership without modification. Therefore, the productability of land in the North-Korea has been deteriorated and the economy of the North-Korea has been worsened. In order to overcome the economic hardness, the North-Korean regime had changed its socialistic planned economy a little and encouraged foreign entrepreneur to invest their capital to the North-Korea. For inducement of foreign investment to the North-Korea, the North-Korean regime has allowed the land use right to foreign investors in a limited area, so-called the North-Korean special economic zones at the northern region of the North-Korea from 1990s. Further, the North-Korea had legislated acts in 1993, by which land use right would be able to be created to foreign investors. It has been the Land Lease Act in 1993. The North-Korean regime has created the land use right only in the so-called special economic zones, which are located at the border of North-Korea. The Raseon Free Economic Trade Zone and the Shineouju Special Administrative Zone have not been successful in inducement of foreign investments with establishment of land use right to foreign capitalists. But the Keumgangshan Tourist Zone and the Kaeseong Industrial District have been successful in inducement of investments from the South-Korean enterprises. In order to help the North-Korean worsened economy be recovered, the South-Korean Government and the South-Korean enterprises have encouraged to support the North-Korea through investments to the Keumgangshan Tourist Zone and the Gaeseong Industrial District, which are located at the border of the South-Korea and has been designated by the North-Korea as special economic zones for inducement of investment from the South-Korean enterprises. Especially in the Gaeseong Industrial District, the land use right has been sold and securitized. Therefore, the land use right in the Gaeseong Industrial District is transacted and circulated. It is evaluated that the land use right could be utilized as an useful and possible method to help the North-Korean economy be recovered. In the North-Korea, the land use right shall be created to the North-Korean citizen. First of all, agricultural land use rights should be created to North-Korean farmers, in order to improve the productivity of the agricultural land. For recovery from the continued hardness