북한이탈주민의 재산법상 법률문제 －북한잔존가족에 대한 송금행위와 북한잔류재산의 법적보호－

We are faced with political difficulties of North Korean Refugees. The protection and management of the defectors from North Korea is the most important task but those problem is not easy. Under current law, North Korea is enemy but on constitutional aspects, North Koreans and South Koreans have the same ethnic roots and the unification of South and North Korea is a constitutional duty of the president, the National Assembly, south korean people and so on. above this, North Korean Refugees issues have complications. so It’s looked at from all ramifications,as we might imagine-political ramifications, financial ramifications, social and cultural ramifications North Korean Refugees issues are usually discussed by publicists. they focus on economic aids and North Korean Refugees’ settlement in South Korea. This article have two main subjects. one is North Korean Refugees’s money transfer to the North korea. the other is North Korean Refugees’s property in North Korean Interchange and Cooperation Act between South and North Korea prohibit koran send money to North Korea without report to the competent authorities. but many North Korean Refugees send money to their families in north korea under the counter. now we must do legalize their transfer. North Korean Refugees’s property in North Korean didn’t deserves much attention. but it will be a difficult affair to manage on privatization process of the North Korean Collective Farm System After Unification after the unification of South and North Korea,I think Collective Farm ownership in north korea is “chongyou”. one of common property ownership. a north korean refugee has obligation of member. if he don’t take a duty. he lose his rights of common property, but it is a result of force majeure. so, north korean refugee’s right must be not deprived.