통일 후 북한토지제도 재편과 사유화 방안 연구 = A study on the reorganization of land system in North Korea after reunification

통일 후 북한 토지제도의 재편과 토지 사유화 방안을 연구했다.

The purpose of this study is to examine the reorganization of land ownership in North Korea after reunification. First of all, this study investigated the historical changes in land ownership for the groundwork of the reorganization of land system in North Korea. And then, this study draw policy implications from the reorganization of land system cases of the Unified Germany and the system transformed socialist countries.

The reorganization of land ownership cases of the Unified Germany and the socialist countries in transition can provide a lot of implications to the unified Korea which establishes policies regarding property, land use and management policies, and also have an important meaning to give an opportunity to the unified Korea which minimizes confusion and trial and error when it reorganizes land system. This study established a basic direction of the reorganization of the North Korea's land system, and then based on this basic direction, proposed a step-by-step plan of the most reasonable measures of land privatization.

The reorganization of North Korea's land system can be carried out in 3 phases. First, carrying out North Korea's land nationalization. Second, carrying out public lease system of land except some land could be privatized. Third, overall privatizing land through carrying out public lease system. In case of North Korea, because there is no real estate registration system, it is very hard to find original land owner(it is impossible to restore the original register). Therefore, returning land to the original owner is impracticable. The measure of Just admitting the reality of North Korean system(free distribution system) is simple and the process of reorganization is also simple.

However, it is very hard to accept that system because there are no legal, political, and practical considerations reflected. Considering these points, reorganization measures are those of re-nationalization plan and compensation, and privatization which is appropriate measures of those two forms. Even in relation to the reorganization of cooperative farms after the reunification of Korea, we can think three forms which are switching from cooperative farms to producers' association or agricultural enterprise, individual farming form which is completely dismantled cooperative farms, and a way of compromised cooperative farms which combine above two methods.

However, during the transition period, it is necessary to acknowledge those of ownership lease of farmland of cooperative farms or separate between ownership and right to use for a while. After reunification, in order to minimize confusion caused by the newly acquired land and secure efficient land management system, there suggested gradual privatizing method which is mixing public land leasing system and public land auction system. Mixed types of land privatization plans are suitable as a basis for land privatization plans.

Because that is in good condition in terms of four different ways of socio-political stability, contributing to economic stabilization of unified Korea, balanced development of national land, and preventing land speculation. It is suggested to establish a unified constitution which defines land privatization laying down the only law of 'limitation of land restitution and compensation principles' and 'minimum compensation' without unification method given the uniqueness of the situation after reunification.

In this regard, it is necessary to determine a harmonious judgment in accord with comprehensive situation in terms of respecting of the current legal system, overall development in North Korea zone in the stage of unification and economic reconstruction due to land use planning, etc. Unification constitution should ensure enhanced social basic human rights to a certain extent. For that matter of whether the principles of social states should be introduced or not, it is necessary to discuss in the cause of unification.

Taking into account the economic conditions in North Korea and North Korean at the time of unification, and that how much the unified Korea can afford the unification cost and so on, the agreement should be done from the future-oriented perspective. In order for South Korea's economic system to exert a strong gravity to North Korea, above all South Korea should be a socially law-abiding country by actualizing the element of 'market economy' with the element of 'social' through specific legislative activity. Unification could be seen not only as a political process but also as a legislative process of constitution and law which unification will is represented normatively.

The unification constitution shows that true unification is completed through the legislative process, with ensuring not only for the economic order to be regulated by the constitution and laws, but also legislating for unified basic land law regarding permanent land policy of unified Korea or legislating for Zeitgesetz regarding reorganization of confiscated land in North Korea. Therefore, there suggested five action plans for the law and regulations. First, the revision of the Constitution and the enactment of the unified basic land law. Second, installation of the national asset management agency.

Third, carrying out of rapid cadastral survey project with enacting special law and establishing organization exclusively for cadastral survey. Forth, carrying out regulation system for land transaction by introducing the public concept of land ownership. Fifth, installation of the dispute resolution commission for minimizing the ownership dispute. Because of the structural characteristics of the North Korea regime, it is expected that North Korea will be difficult to take action of the full-scale economic reform measures. Generally the common features of unified countries had different power balance when they achieved unification.

Germany and Vietnam were all unified in one state superior to

제1장 서 론 1 제1절 연구의 목적 1 제2절 연구의 방법과 범위 2 제3절 논문의 구성 3 제2장 남북한 토지제도의 변천 6 제1절 서설 6 제2절 분단 전 토지제도의 변천 8 Ⅰ. 조선시대 이전의 토지제도 8 Ⅱ. 조선시대의 토지제도 10 1. 토지국유제도 10 2. 사유 토지소유권의 인정 12 Ⅲ. 근대 토지제도 14 1. 개항 이후 토지제도 14 2. 일제강점기(의용민법 시기) 16 제3절 북한토지제도의 변천 16 Ⅰ. 토지개혁과 사회주의적 토지제도 17 1. 토지개혁 17 2. 사회주의적 토지소유제도의 내용 17 Ⅱ. 북한토지제도의 변천과정 18 1. 북한정권 수립기의 국유화 19 2. 농업협동화를 통한 토지의 국유화시기 22 3. 토지개혁 내용의 법제화시기 23 4. 외국자본유치 및 자유경제무역지대 설치시기 23 5. 북한 계획경제시스템의 와해시기 25 6. 합법적경리활동 및 토지사용료 법제화시기 26 7. 외국자본유치 및 아파트건설 확대시기 28 Ⅲ. 북한 사회주의 토지제도의 변화 32 1. 토지이용권의 인정 및 범위 32 2. 토지이용권의 법적 성질 33 제4절 남한 토지제도의 변천 35 Ⅰ. 미군정의 귀속재산처리 36 Ⅱ. 정부수립 이후 토지제도 38 1. 반민족행위자 소유토지의 몰수 38 2. 농지개혁 40 3. 수복지구의 농지개혁 42 Ⅲ. 농지개혁 이후 토지제도 45 1. 목가적인 소유권 45 2. 토지공법과 사법의 갈등기 46 3. 토지공개념 생성기 47 4. 부동산시장 개방 및 국제화 시대 49 5. 투기억제 및 토지시장 안정화 시대 50 제5절 남북한 토지제도의 비교와 변천의 특색