북한의 부동산 소유 및 이용 법제에 관한 이해

North Korea, based on its socialist principles of land ownership, does not recognize any form of individual ownership of land and other means of production. In North Korea, individuals are only allowed to possess usage rights related to real estate, and the North Korean regime emphasizes the management and use of real estate to support socialist ownership. The different legal systems related to real estate ownership and use between North and South Korea could be a major challenge for future unification efforts. This paper aims to provide a basic understanding of North Korea’s real estate laws in order to facilitate more in-depth research into unification plans for real estate legal systems. First, we examine the underlying principles of North Korea’s real estate laws and their evolution. Then, we analyze North Korea’s current real estate laws by dividing them into land usage regulations and housing ownership and usage regulations. For land usage, we classify the types and nature of usage and examine the specific content of each law based on the regulated subject and regulatory targets, and confirm that permission-based public use of land needs to be recognized as a right to land use. Regarding housing, we compare general laws related to home construction and use with special regulations in the Rajin-Sonbong Economic Trade Zone, and discuss how illegal housing transactions are being expanded and recognized due to market demand. North Korea’s land usage regulations resemble the appearance of the public land leasing system mentioned in a unification plan, but are limited in terms of free usage and restricted to economic zones and foreigners. If North Korea improves its legal system related to land usage, such as by allowing fluidity in land usage rights and determining appropriate lease rates, it may be possible to implement an ideal public land leasing system. Further research into unification plans that narrow the gap between North and South Korea’s land ownership systems is necessary.