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해방 이후 북한지역에서의 토지소유제도의 재편과정에 관한 민사법적 고찰

원문정보

A Study on Reorganization Process of Land System in North Korea after the Liberation

김성욱

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After the liberation, North and South Korea both confiscated land from all the anti national actors to dissolute the unreasonable land relations of the Japanese colonization and to pay off faults of the past. However, the confiscating process of unified Korea may differ from that of the past depending on the method of unification. If one Korea is absorbed into the other, and the past confiscation of the absorbed Korea is considered illegal, as the case of Germany, the restoration of the land to the original owner can be regarded as a possible remedy. In such a case, though, common factors of confiscation found in both Koreas that took place after the liberation should not be called illegal. On the other hand, if the unification is agreed upon, the confiscation of North Korea will be evaluated as valid, and the recovery to the original owner will not be considered. In this case, new ways to reorganize land ownership should be established for balanced development of North Korea. However, if the confiscation of North Korea is considered illegal, as was in Germany, then there would be a problem on how to view the confiscation of South Korea. This is because two Koreas both confiscated land to resolve land-to-the-tillers principle and unreasonable land ownerships such as domination of land, and the subjects of confiscation included not only the land that was being cultivated by people other than the owner but also the ones cultivated by non-farmers. Therefore, there seems to be no reason to simply consider the confiscation of North Koreato be against the law of South Korea.

목차

Ⅰ. 서론
 Ⅱ. 해방이후 토지개혁에 관한 각 정치세력의 입장
  1. 해방이후 북한의 토지소유 현황
  2. 해방이후 토지개혁에 대한 공산주의 및 민족주의 세력의 주장논거
  3. 해방이후 토지개혁의 주체문제
 Ⅲ. 해방이후 토지개혁의 법적 근거와 전개 과정
  1. 법적 근거
  2. 전개 과정
 Ⅳ. 해방이후 토지개혁 조치를 반영한 통일한국의 토지제도의 재편방향
  1. 통일독일의 몰수재산권 해결방식의 적용가능성 여부
  2. 농지재편에 관한 입법방향
  3. 일반 토지의 재편에 관한 입법방향
 Ⅴ. 결론
 참고문헌
 

저자정보

  • 김성욱 Kim, Sung-Wook. 제주대학교 법학전문대학원 교수, 법학박사.

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