통일 후 북한의 부동산에 관한 정책적 과제

다국어 초록 (Multilingual Abstract)

The unification of Korea is a long-cherished wish of Korean people, and Korea has to prepare thoroughly for the unification - that may come unexpectedly - throughout every sector. Of such preparations, North Korea (NK) s properties are one of the most important issues. The post-unification NK property problems should be rationally addressed in consideration of the national unification, the activation of NK s economy, and stabilization of the property sector.
NK s ownership rights are classified, according to owners, into state ownership rights, social union ownership rights, and individual ownership rights, and so regulated accordingly. Properties can be owned only by the state and social unions. The basic principle of the post-unification privatization of NK s properties should guarantee a human-like life, should help the social, political and economic unification of the unified Korea, and should ensure the normative justification.
To ensure a rational privatization of NK s properties, there is a need to examine the property systems of former socialist nations. Russia s privatization of lands is characterized by the free distribution of lands. However, in the Russian privatization of lands, people, who received benefits through expedients and special favors, have become conglomerates, and this offers implications as to how to privatize NK s properties. After adopting the rights of use which are the middle of state ownership and private ownership, China is endeavoring to facilitate the use of properties, and this system can be effectively used for the post-unification privatization of NK s properties. Germany s privatization of properties is characterized by the system by which the country established a trust agency to restore the former East Germany s lands and other properties to private ownership rights. The establishment and operation of such a trust agency will be a reference for the post-unification privatization of NK properties. Vietnam was unified through armed forces, and for all lands, private people have only the right to use them, but have the independent right to trade the lands. This is also a good reference for the unified Korea.
The post-unification legislation for NK properties should be directed towards the following purposes. First, housing policy should respect residential environment and ensure a human-like life, thereby admitting the current housing ownership rights. Second, for general buildings, the rights thereof should be first granted to the existing users thereof, and after a certain period of use, a preemptive purchase right should be granted to the users in a bid to gradually grant the ownership rights. Third, for lands, rights of use and rights of lease should be first granted in a bid to gradually privatize them. For forcefully forfeited lands, if proved, due social monetary compensation should be provided, and corresponding rights to claim legal damages or administrative compensation for losses caused by illegal acts.
The privatization of NK s properties should involve granting the rights of use overall, and gradually granting ownership rights. An agency like Germany s trust agency should be established, and privatization should be implemented based on certain principles and criteria. For forcefully forfeited lands, appropriate compensation should be provided.