統一後 北韓地域의 土地所有權 處理方案 硏究

Abstract

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.