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학술논문

통일후 북한토지의 소유권 문제

A Study on North Korean Land Ownership after Unification

상세내역
저자 이영규
소속 및 직함 강릉원주대학교
발행기관 한양법학회
학술지 한양법학
권호사항 24(1)
수록페이지 범위 및 쪽수 461-485
발행 시기 2025년
키워드 #북한의 토지제도   #농지개혁   #토지소유권의 몰수   #통일 후의 북한토지의 처리방안   #협동단체소유   #토지사유화   #이영규
조회수 8
원문보기
상세내역
초록
Pursuant to the Article 20 of Chapter 2 of the Constitution of North Korea, Socialist State Land Ownership System is stipulated and has been maintained as ‘In the Democratic People’s Republic of Korea, only the State or a Cooperative Group can own land as a means of production. The basic paradigm of the Land Ownership System after the Reunification of North and South Korea, should be based on the Private Property System and the Market Economy. After the Reunification of North and South Korea, the primary concern of the people who were proprietors of the land in North Korea before the territorial division of Korea is whether they might reclaim their ownership. As to this major issue, it is held that the recovery of the land ownership for the original previous proprietors in the land should not be upheld as there is no existed public land registry having recorded each ownership of those people and if the regain of the land ownership is allowed for them, it would be against the principle of fairness in terms of share of the expenses for the Reunification of North and South Korea. Notwithstanding this there still remains an issue of land ownership of the land. The land ownership of the land owned by the State or a Cooperative Group must be totally different from the counterpart of our land system in South Korea. It is vital to reorganize and rearrange the land ownership of the land in North Korea in terms of the Reunification of the legal system of North and South Korea. Accordingly, it is necessary for the land ownership in North Korea to be reorganized and changed appropriately as an adaptable system into the counterpart of South Korea. I submit this should be resolved by enactment of a special legislation with all necessary regulations.
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