한국의 통일과 토지소유제도의 재편 = The Unification of Korea and Reorganization of Land Ownership System

다국어 초록 (Multilingual Abstract)

  The title of this thesis is ‘The Unification of Korea and Reorganization of Land Ownership System’. It would be meaningful to logically verify how to reorganize the land ownership and what aspects to consider for the reorganization in the process of systematic unification when North and South Korea come to unify in the future. Since land ownership system is not something that is being newly developed but is a system which has evolved along with the history of mankind, a thorough examination of past problems can lead to a future legal system that is more rational and accords with substantial justice. Therefore, to rationally reorganize the land ownership system for unified Korea, it is necessary to evaluate how this system has changed through the years. After the liberation, North and South Korea both confiscated land from all the anti national actors to dissolute the unreasonable land relations of the Japanese colonization and to pay off faults of the past. However, the confiscating process of unified Korea may differ from that of the past depending on the method of unification. If one Korea is absorbed into the other, and the past confiscation of the absorbed Korea is considered illegal, as the case of Germany, the restoration of the land to the original owner can be regarded as a possible remedy. In such a case, though, common factors of confiscation found in both Koreas that took place after the liberation should not be called illegal. On the other hand, if the unification is agreed upon, the confiscation of North Korea will be evaluated as valid, and the recovery to the original owner will not be considered. In this case, new ways to reorganize land ownership should be established for balanced development of North Korea. However, if the confiscation of North Korea is considered illegal, as was in Germany, then there would be a problem on how to view the confiscation of South Korea. This is because two Koreas both confiscated land to resolve land-to-the-tillers principle and unreasonable land ownerships such as domination of land by a few persons, and the subjects of confiscation included not only the land that was being cultivated by people other than the owner but also the ones cultivated by non-farmers. Therefore, there seems to be no reason to simply consider the confiscation of North Korea to be against the law of South Korea. As a consequence, the systems of both Koreas should be considered valid, and the reorganization should take place under this premise.

목차 (Table of Contents)

• Ⅰ. 서설
  Ⅱ. 해방 이후 토지소유제도의 재편과정
  Ⅲ. 통일방식과 토지소유제도 재편의 관계
  Ⅳ. 통일한국의 토지소유제도의 모습
  Ⅴ. 결론
  【참고문헌】
  【Abstract】
  

참고문헌 (Reference)

1 "한국헌법의 영토조항과 국적문제" 헌법재판소 1994.

2 "통일이후의 토지소유권 사유화 방안에 관한 연구" 북한연구학회 2000.

3 "통일 후 토지소유권의 재편방향" 숙명여대통일문제연구소 (21) : 2003.

4 "사회주의하에서 국토관리사업과 민족경제건설" 사회과학출판사 1992.

5 "북한의 토지소유 및 토지등록제도" 법원행정처 1994.

6 "북한의 부동산제도" 법원행정처 1997.

7 "북한민법 40년과 그 동향 고려대학교 법학연구소" 1990.

8 "북한경제의 이해" 1993.

9 "동서독 통일과정에서의 헌법적 문제에 대한 이론적 고찰-남북한 통일에 대비한 헌법이론의 모색" 서울대학교 대학원 1996.

10 "농지개혁의 법사적 고찰" 박영사 1991.

11 "Verfassungsrechtliche Vorgaben fr Entschdigungs-und Ausgleichsleistungen fr Enteignungen in der frheren SBZ/DDR" 1995.

12 "Gorbatschow und die lautere Wahrheit-Neue Erkenntnis zum Restitutionsausschluβ und zu einer verdeckten Junkerabgabe" 1995.

13 "Die besatzungshoheitlichen Konfiskationen in der SBZ" 1993.