북한 주민의 주택 이용관계와 민법상의 임대차계약

The status of housing use of urban residents in North Korea can be roughly figured out from Articles 9∼18 of 「Urban Management Law of Democratic People’s Republic of Korea」 and it is not known direct legislation on lease of housing. The article 10 of the said law divides buildings into private home, public building and production building. It defines public housing management is regulated by urban management institute, relevant institute or quasi-public company. In the article 16 of the said law, the occupation in housing must be removed in the termination of the use. The article 56.3 of the said law defines fee payment. In light of these, though there are some special characters in housing use in North Korea, it has a similar result with legal effect of lease agreement. Accordingly, although there is no objective legal discovery regarding housing lease like China before the opening or old East Germany, there is similar legal characters like lease when inferring the fact relevant by indirect resources and intention of housing laws. It is reality that the society of North Korea is progressed in a different direction from the legal legislation, but analysis and studies on the regulations that aim to restrict objective fact may give a standard in providing a clue to apply it for the actual situation (gap between law and reality). The result of this research shows that legal relation on housing use in North Korea seems to be equivalent of housing lease agreement in a legal term. Accordingly, it requires that our legal system shall needs legislation to include housing lease agreement of North Korean residents as a link.