통일 민법에 있어서 북한 계약법의 수용 및 그 한계

This paper examines the current North Korean contract law by dividing it into general provisions and individual provisions, and seeks to identify elements that are acceptable and unacceptable in the Unified Civil Law, and suggests transitional measures that should be specified in the Unified Civil Law. First, elements of the North Korean Civil Code that are acceptable in the Unified Civil Code in the future are the following: The general provisions of the contract specify the terms of agreement and the formality of real estate transaction. And individual provisions of contract specify not only duties of repair in leases, but also concurrent performance with recovery of deposits. Second, elements of the North Korean Civil Code that cannot be accepted into the Unified Civil Code are denial of the principle of freedom of contract in the General Provisions of Contract, restrictions on paid contracts to which public person is party, discriminating between public person and juristic persons, and regulating the termination of contracts through administrative documents. Also regulations on a planned contract, regulating on savings contracts and bank loan contracts through banks, which are public juristic persons, as typical contracts, and restricting resale and interest on sales and consumption loans are provisions that cannot be accepted in the Unified Civil Law. Therefore, the above unacceptable elements should be taken steps to abolish them in the Unified Civil Law. The transitional measures should be provided in Unified Civil law on that the North Korean Civil Code treats loan for consumption and bailment as real contracts, management of affairs as bailment, bank loan contracts and insurance contracts as typical contracts. In addition, the fact that the contract law of North Korea’s civil law uses easy terms that even ordinary citizens can easily understand should be considered for accep tance in t he unified civil law.