Peaceful unification based on the principles of freedom and democracy requires the application of the Civil Act, which had been ceased actually, to the North Korea region and the residents in North Korea. However, a variation to the legal relationship...
Peaceful unification based on the principles of freedom and democracy requires the application of the Civil Act, which had been ceased actually, to the North Korea region and the residents in North Korea. However, a variation to the legal relationships, formed in the region of North Korea between the local residents during the Separation Period, is impossible. It is necessary to protect the foundation which local residents have been living on and to respect the preexisting legal relationships until the realization of the unification. Therefore, with the effectuation of the unification agreement, it is necessary that applying the appropriate law which is proper for the actuality to the North Korea region and the residents. The basic direction should be to maintain the basic concept of the Civil Act, but at the same time consider the interests of residents to the maximum and seek for stability of law. Depending on the circumstances, it should be appropriate to recognize the transitionary effect of the Civil Act, either Family Law or Inheritance Law of North Korea after unification, or to admit the continuation to apply the law of North Korea with the legal relationships which has been formed before the unification.
After comparison, the Family Law of South Korea and North Korea, many fields with the value of research are with the same identity and the quality. Such as in the domain of the standard to practice, the standards on the basis the traditions and to practice the general philosophy of the modern Family Law just as equality of the sexes, protection of the children’s interests, protection of the underprivileged within the family and et cetera. However, when the two laws are compared more in depth many differences with different nature will be found. This shows that after unification the adjustment will be necessary if the Part Ⅳ Relatives, Part Ⅴ Inheritance of Civil Act are applied to the North Korea residents, or we have to recognize the temporary or transitionary effect of Family Law and Inheritance Law and there would be many cases that we have no choice but to receipt the effect of the application.
This paper is composed of as follows;
Ⅰ. The premise of the discussion
Ⅱ. Comparison between the Family Law of South & North Korea
Ⅲ. The application and integration of Part Ⅳ, Civil Act
Ⅴ. The application and integration of Part Ⅴ, Civil Act
Ⅵ. Conclusion