統一後 北韓國有財産의 處理方案에 관한 硏究 : 紛爭土地規模의 規定과 紛爭最小化 方案 中心으로

통일 후 북한 국유재산과 분쟁 토지의 처리 방안을 연구했다.

Recently the Peninsula is heating with Summit Conference. Many sources say that all Koreans are longing for the national unification. Therefore, it is necessary to contemplate about many problems after unification. This study is focused on the estimation of legal cases in ownership of properties in North Korea. Similar studies have been done by many scholars, and this study is also a similar kind of work. For the purpose of exactness and uniqueness, this study mainly uses many statistics researched by authorities. Because of the limitation of abstract's length, close explanation for legal cases has to be consulted personally.

There are three methods discussed in this study about governmental disposing the national properties in North after the unification. To begin with, there is return to the ex-owners of the properties. Judged by Capitalist Market Economy, this method is very reasonable, but it may bring about the problems such as social disorder, conflict between South and North people. Second is a compensation for the properties confiscated by Communist regime. Ex-owners will welcome this way with open arms. However, the problem is that South Government will have to pay for the preliminary treatments of the unification, it shall spend so much money for those preparations.

What's worse, considering the cost of compensation for the properties after the unification, the sum of money is too much for South government. Besides, in this way, another problem is that North people will suffer from the relative sense of poverty. A final method is re-nationalization of the properties in North. This way seems to be the most reasonable one. For the unified government will have to think about the purposes of overcome of division, the unification and agreement of South and North. And then, it will have to lead to the benefit and harmony of South and North people. To be welcomed by North people, the government will be forced to consider the protection of them.

Also the relative wealth of South people. Inside the process of this consideration, the unified government will include the establishment of capital in North and have to take a long term view of the unified country. At these points, re-nationalization will be needed by authority. Based on re-nationalization, the unified government shall gradually dispose the properties in North. First of all, the uncultivated land conserved as a form of national properties in North. First of all, the uncultivated land conserved as a form of national properties have to be sold little by little.

Of course, land cultivated by North people promptly should be sold in the direction of practicing economical justice. This policy is to acknowledge their occupancy for long years. Secondly, land belonged to cities also will be sold to North Koreans but the limitation of North peoples' ability to buy land will have to be calculated. In that case, the unsold land will be treated by a public bid. Thirdly, the national companies will be personalized. In this case, there are three ways. First, small-sized companies will be personalized by employees. Or, they are sold separately to people in the unified country with no regulations.

Secondly, mid-sized firms will have to be sold to the department dealing with disposing national properties in North and then the department transforms the firms into stock companies. Transformed companies are to be personalized by North people owning free shared stocks. Thirdly, large-sized corporations will be personalized by means of many small stock holders. They will be given stocks for free or for small cost, based on social justice or social equality.

목차 第1章 序論 = 7 第1節 硏究의 背景 및 目的 = 7 第2節 硏究의 方法 및 範圍 = 8 第2章 土地私有化 檢討背景 및 獨逸私有化 事例 考察 = 10 第1節 問題提起 = 10 第2節 旣存 硏究의 考察 = 13 1. 原狀回復 見解 = 13 2. 補償代替 見解 = 14 3. 再國有化 見解 = 15 第3節 舊東獨地域 土地의 私有化 事例 = 18 1. 崩壞以前의 土地所有制度 = 18 2. 統一以前 過渡期間동안 措置 = 19 3. 統獨以後 私有化 및 再私有化 = 20 第4節 舊東獨地域 土地私有化 評價 = 22 1. 舊東獨 土地私有化의 限界 = 23 2. 舊東獨 事例 適用 可能性 = 25 第3章 北韓의 土地政策과 土地制度 考察 = 27 第1節 北韓의 土地制度 變遷過程 = 27 1. 耕者有田에 의한 土地改革時期 = 28 2. 農業의 協同化 時期 = 29 3. 土地管理 規定 및 土地法 時期 = 31 第2節 北韓의 土地制度 = 32 1. 土地所有制度 = 32 2. 土地利用制度 = 35 3. 土地去來制度 = 37 4. 土地賃貸借制度 = 37 5. 土地擔保制度 = 39 第3節 北韓의 土地政策 評價 = 40 1. 南北韓 土地政策의 比較 = 41 2. 北韓 土地制度의 變化 展望 = 44 第4章 統一後 北韓地域 國有財産 處理方案 = 47 第1節 紛爭可能 沒收 土地現況 = 47 1. 沒收土地 槪觀 = 48 2. 地域別 沒收現況 = 51 第2節 紛爭土地 處理類型 檢討 = 56 1. 原所有者에게 返還 = 56 2. 補償 = 60 3. 再國有化 = 63 第3節 紛爭最小化를 위한 私有化方案 = 64 1. 私有化 基本方向 = 65 2.