南北韓 統一 後 北韓의 土地所有權 處理方案에 관한 硏究 = A Study on Resolutions of the Land Ownerships in the North Korean Region after National Unification

통일 후 북한 지역 토지소유권의 처리방안을 연구했다.

It is more than 6 decades since Korea was emancipated and divided into North and South. Now, Korea is the only nation divided into capitalism and communism in the world. North Korea is the most extreme communist country, while South Korea is an advanced capitalist country who is a member of OECD. Recently, North Korea came to recognize that their communism system could not support their people, showing signs of changes.

Given the fact that communism has lost its value in the market of ideology and many communist nations have turned into capitalism market economies, it is expected that North Korea will not resist the current of the history. Then, the hottest bone of issue would be how to dispose all the assets nationalized or owned by cooperatives. The purpose of this study was to find the ways to resolve, after our national unification, the land ownerships among the assets confiscated by the North Korean communist region. The references most frequently used for post-unification handlings of the land ownerships may be the case of Germany who resolved the land ownerships in the former East Germany. Before their national unification, East Germany had kept most of the documents about confiscated and nationalized land ownerships after establishment of their communist regime, while having not thoroughly nationalized all the land ownerships like North Korea.

The unified Germany returned the land ownerships in the former East Germany to their original owners. Such a policy of reinstation was possible because most of the documents about the land ownerships confiscated by the communist regime, and therefore, unification cost could be saved.

However, such a policy could not well protect former East German people living on the land, causing a great social confusion. As for North Korea, they had cleared out all documents about individuals' land ownerships nationalized after establishment of their regime, while having thoroughly confiscated the lands owned by landlords and pro-Japanese traitors to distribute them to landless or petty farmers free of charge and then, nationalized them gradually to be owned by cooperative farms. Hence, the only way to confirm the original owners of those confiscated lands may be referral to the land ownership documents kept by the original owners who defected to South Korea after the national division. It may be possible for the unified Korea to return the land ownerships in North Korea to their original owners, or if impossible, compensate them for their losses of land ownerships.

However, such a policy may blow a serious damage to the North Korean people whose living relied on the land, and may not save the enormous unification cost.

Moreover, it would not be conducive to the goals of unification, namely solidarity and prosperity of the Korean people. In addition, we should be aware that many original owners were feudal landlords during Chosun dynasty or pro-Japanese traitors. Furthermore, we should be also aware that national unification will be a great challenge for our people's restoration, not a campaign for recovery of their land ownerships. So, the unified Korean government should re-nationalize the land ownerships in North Korea and then, entrust the North Korean people with them under a long-term rent contract to assure them of their living ground, and sell the land ownerships first to them when they are self-reliant. In a nut-shell, it is essential after our national unification not to allow the land ownerships in North Korea to be tramped down by the past pro-Japanese established forces or irresponsible land speculators.

第1章 序論 = 1 第1節 問題의 提起 및 硏究의 目的 = 1 1. 問題의 提起 = 1 2. 硏究의 目的 = 2 第2節 硏究의 範圍와 方法 = 3 1. 硏究의 範圍 = 3 2. 硏究의 方法 = 4 第2章 統一國家의 土地所有權處理 事例 第1節 土地所有權의 發展 過程 = 6 1. 原始 土地所有權의 發生 = 6 2. 封建的 土地所有權 = 7 3. 近代的 土地所有權 = 7 4. 現代的 土地所有權 = 8 第2節 統一 前 東·西獨의 土地所有權制度 = 9 1. 統一前 西獨의 土地所有權制度 = 9 2. 統一前 東獨의 土地所有權制度 = 11 第3節 統一獨逸의 土地所有權問題 解決 事例 = 15 1. 意義 = 15 2. 沒收 土地問題의 解決 = 15 3. 沒收土地 處理에 따른 問題點 = 20 第4節 統一獨逸의 私有化에 대한 評價 및 示唆點 = 22 1. 統一獨逸 土地私有化 評價 = 22 2. 統一獨逸 土地政策의 示唆點 = 24 第5節 統一獨逸 土地財産權問題와 南北韓의 比較 = 27 第3章 南北韓의 土地所有權制度 現況 및 問題點 = 32 第1節 序 言 = 32 第2節 南韓의 土地所有權制度의 現況 및 問題點 = 33 1. 南韓의 土地制度 = 33 2. 南韓의 土地制度와 問題點 = 38 第3節 北韓의 土地所有權制度의 現況 및 問題點 = 40 1. 土地所有制度의 現況 = 40 2. 北韓의 土地管理의 問題點 = 44 第4節 南北韓 土地制度의 比較 = 46 1. 南北韓 土地所有制度의 差異 = 46 2. 南北韓의 土地利用體系 = 48 3. 南北韓 土地政策의 比較 = 50 第4章 統一 後 北韓의 土地所有權 處理方案 = 53 第1節 統一을 위한