북한사회주의 국유재산의 탈국가화에 관한 고찰

The task of denationalization of state-owned property in North Korea in a reunified state on the Korean Peninsula should be resolved in consideration of the normative value order of the Unification Constitution and economic reconstruction of the underdeveloped North Korean region. Denationalization of state-owned property involves the problem of identifying the original owner prior to nationalization and determining the new private owner through sale. The former is classified as a problem of reprivatization of state-owned property, and the latter is classified as a problem of privatization (in the narrow sense) of state-owned property. In the process of denationalization of state-owned property, as the basic policy of denationalization, the decision of whether to start with reprivatization through return of original property or reprivatization through compensation determines the success or failure of denationalization of state-owned property, has an important meaning. If reprivatization is the basic policy of denationalization, it is difficult to implement the privatization, which means the transfer of dismantled state-owned property to the private owner, without the identification of the original owner prior to the nationalization measure. In contrast, in the case of reprivatization through compensation, it is possible to transfer state-owned property to a private entity through sale, apart from the problem of identifying the original owner prior to the nationalization measure. The denationalization of state-owned property in North Korean socialism should be devised in consideration of the theoretical basis and the situation in North Korea. Considering the actual situation in North Korea related to the proof of ownership of the means of production and the economic situation in North Korea, it is expected that a lot of time will be wasted in identifying the original owner before the nationalization measures, and accordingly, there is a problem that it is difficult to rebuild the economy through rapid investment. expected. Therefore, it is not appropriate to define the method of reprivatization through return of original property as the basic policy for denationalization of state-owned property. It is reasonable to make reprivatization through compensation rather than return by original property as the basic policy of state-owned property. And it is necessary to consider the method of compensation through compensation certificates, not compensation in terms of money.