통일 후 북한토지제도 재편을 위한 법적 과제 = A Study on the Legal Problems of Land System in North Korea after Reunification

다국어 초록 (Multilingual Abstract)

While privatization of land is closely related to personal rights to properties, it may have a substantial socio-economic impact depending on procedures and how we make it happen. Therefore, reorganization the land management system (LMS) in North Korea is certainly one of the most critical factors in the state`s transition from socialism to a market economy following the reunification of the Korean Peninsula. While we expect to see numerous obstacles in many fronts―including ideology, culture, and economy―in the way forward for the unified Korea, issues concerning property rights will account for some of the greatest parts of social problems. In this context, our research focus should be on resolving legal challenges in reorganization the LMS in North Korea. There has been a continued research effort on this issue so far. Current research trends suggest four types of possible solutions: recovery of ownership (priority on returning land to original owners, or making reparations if not possible); reparation to original owner (financial compensation); full-fledged nationalization (public lease system); and free distribution of land to citizens. Against this backdrop, I intend to focus on reviewing predictable legal challenges in North Korean LMS in the unified Korea in this research, thereby preventing or minimizing potential legal problems in the system following the reunification. The purpose of this paper is to take a closer look into legal challenges in reorganization the LMS in North Korea after the reunification. To this end, it will start from the status quo of the existing LMS and legislations in North Korea. Then it will shed some light on how the Unified Germany revised its LMS, and move on to the outlook for the possible changes in the North Korean system. Following up with prospects of compensation standards for the confiscated lands in the unified Korea, the paper will then present the legal challenges in reorganization the North Korean LMS.