統一後 北韓地域의 土地所有權 處理方案 硏究

통일 후 북한 지역의 토지소유권 처리와 사유화 방안을 연구했다.

Through general comprehension about a process of changes of landownership and current system in North Korea and examination about dealing of a confiscated property and privatization of national property in Germany similar to our condition, I examined the problem occurring in a process of dealing of landownership when unification is accomplished, and presented [a bill of landownership], as a rational dealing plan of landownership after unification. The problems occurring in security of landownership are as follow.

Firstly, there is a problem occurring due to private ownership of land like unfair private possession of value of land, deepening the gulf between rich and poor and a hindrance of proper exploitation of land. Secondly, there is a difficulty to deal an indemnity according to security of landownership. Thirdly, there is an administrative and financial a true owner. First problem is a systematic problem according to security of ownership. Second and third problems are difficulties of an economic given condition in a developing country What is the plan for solution of these all problems and a rational dealing of landownership?

I present a plan to indemnity landownership through flotation of a bill of land. It is natural that land is restored to original owner in a current principle of law in South Korea. But, restoration brings about many problems, and if ownership is admitted, many problems occurs from private ownership of land. Therefore, a method of indemnity is more proper than restoration. If we give a right of use under a principle of national and the price of use is used in indemnity. We can solve the problems according to recognition of landownership.

Because indemnity needs much finances, we can use the method that interest on a sum of a bill is paid yearly after flotation and delivery of a bill of land and principal is repaid after a fixed term. Finances necessary in payment of interest and repayment of principal are applied with the price of use. Because a sum of payment of interest is fixed, but because renting income generally increase according to a flow of time, principal of a bill of land can be repaired after corresponding term.

For flotation of this a bill of land, to begin with, protection equipment of the right of use of land must be prepared of the right of use of land must be prepared and the price of use must be evaluated justly.

제1장 序論 = 1 제1절 硏究의 目的 = 1 제2절 硏究의 範圍 및 方法 = 1 제2장 社會主義 土地所有制度의 槪觀 = 3 제1절 土地所有의 理論的 類型 = 3 1. 土地私有制 = 4 2. 土地共有制 = 6 3. 土地價値共有制 = 9 제2절 社會主義 土地理念 = 13 1. 社會主義 土地理念의 形成背景 = 13 2. Marx의 社會主義的 土地共有論 = 18 제3절 舊東獨의 土地所有制度 = 25 1. 蘇聯占領前 舊東獨의 土地所有 = 25 2. 蘇聯占領下의 土地改革 = 25 3. 東獨政權 樹立後의 土地所有 = 26 제4절 北韓의 土地所有制度 = 30 1. 北韓의 土地所有制度의 變遷過程 = 30 2. 北韓의 土地所有權의 類型 = 43 3. 土地所有制度의 南·北韓 比較 = 50 제3장 統獨後 舊東獨의 沒收 財産의 處理 = 52 제1절 背景 = 53 제2절 沒收 財産의 處理 = 54 1. 未解決財産의 原狀回復 = 54 2. 未解決財産의 補償 = 55 3. 未解決財産 處理現況 = 57 제3절 國有財産의 私有化 = 59 1. 私有化의 基本方針 = 59 2. 東獨地域 私有化 實態 = 60 3. 私有化 政策의 問題點 = 64 제4장 統一後 北韓地域의 土地所有權 處理方案 = 67 제1절 學界의 主張과 限界 = 67 1. 返還原則說 = 67 2. 報償原則說 = 70 3. 全面的 補償說 = 71 4. 返還·補慣 不必要 = 75 제2절 私有化로서의 土地制度의 限界 = 78 1. 土地私有로 인한 問題 發生 = 78 2. 土地所有權의 補償費用 감당의 어려움 = 83 3. 진정한 所有者의 判斷의 어려움에 따른 行政的·財政的 負擔 = 84