한국의 통일과 토지소유제도의 재편

• 영문명: The Unification of Korea and Reorganization of Land Ownership System
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김성욱(Sung-Wook Kim)
• 간행물 정보: 『비교사법』比較私法 제13권 제4호, 133~162쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  The title of this thesis is ‘The Unification of Korea and Reorganization of Land Ownership System’. It would be meaningful to logically verify how to reorganize the land ownership and what aspects to consider for the reorganization in the process of systematic unification when North and South Korea come to unify in the future. Since 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. Therefore, to rationally reorganize the land ownership system for unified Korea, it is necessary to evaluate how this system has changed through the years. 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 by a few persons, 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 Korea to be against the law of South Korea. As a consequence, the systems of both Koreas should be considered valid, and the reorganization should take place under this premise.

목차

Ⅰ. 서설
Ⅱ. 해방 이후 토지소유제도의 재편과정
Ⅲ. 통일방식과 토지소유제도 재편의 관계
Ⅳ. 통일한국의 토지소유제도의 모습
Ⅴ. 결론
【참고문헌】
【Abstract】

키워드

통일 토지소유제도 반민족행위자 농지개혁 토지소유권의 몰수 Unification Land Ownership System Antinational Actor Agrarian Reform Confiscation of Land Ownership