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Formation Process of agricultural Land Ownership System in North Korea and Reorganization Matter of agricultural Land Ownership System after the Unification

  • DONG-A LAW REVIEW
  • 2015, (66), pp.387-416
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Kim Sung Wook 1

1제주대학교

Accredited

ABSTRACT

The title of this thesis is ‘Formation Process of agricultural Land Ownership System in North Korea and Reorganization Matter of agricultural Land Ownership System after the Liberation’. It would be meaningful to logically verify how to reorganize the agricultural land ownership and what aspects to consider for the reorganization in the process of systematic unification when two Koreas come to unify in the future. Of course, it would be difficult at the present moment to predict exactly what problems may arise in the future. However, there should be efforts to find solutions for problems related to regulation of public order so that the risk of causing unreasonable consequences can be minimized. Since agricultural land ownership system is not something that is being newly developed but is a system which has evolved along with the history of mankind, a thorough examination of past problems can lead to a future legal system that is more rational and accords with substantial justice. To reorganize the agricultural land ownership system for unified Korea, it is necessary to examine the historical development process of the past system. It should be noted that the main purpose of unification is to stop passing on the sorrow of the divided nation to the future generations, and to strengthen competitiveness of North Korea by activating the local economy. Thus there is no reason to apply property rules of South Korea, which is regulated in the Constitution, directly in the changing situations caused by the unification. Furthermore, if it is taken into account that both Koreas have developed separate legitimate government with sovereignty ever since the division, that both are recognized as independent countries by the international law, and that the past confiscation was enforced to resolve any unreasonableness, it is logically desirable for two Koreas to agree on the unification as equal parties. As a consequence, the systems of both Koreas should be considered valid, and the reorganization should take place under this premise.

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