북한 부동산이용권의 거래가능성과 그 준거법 설정에 관한 연구- 부동산이용권에 관한 충돌 규범의 결정에 관하여 -

How should we view North Korea's real estate use rights from the perspective of South Korean civil law in the federal unification(a Two-System, one-state)? The problem is that North Korean’s real estate use rights cannot be specified under South Korean civil law. Therefore, it should be viewed as a problem of conflict or interference that requires an understanding of the legal nature according to its function. And although this is a domestic legal issue, not an area of international private law. In addition, this area is not limited to real estate use rights, but it is an area of all civil legal disputes to resolve conflicts or conflicts between domestic parties. So I think the idea of this conflict law can be found in the provisions of the German 「Enforcement of Civil Law (EGBGB)」. This is because it was a law created to recognize the rights established under the East German system to the West German system. Accordingly, it is possible to indirectly determine the position of legal relationships established under the North Korean legal system in the South Korean legal system. Therefore ① in the case of land and building use in North Korea, the legal relationship should be classified into claim-obligationrand real rights, ② according to its classification, decision-making norms for conflict resolution must be prepared. At this time, the property law regulations in Part 6 of the German 「Enforcement of Civil Law (EGBGB)」 will be able to function as a precedent for the decision-making norms for the preparation of the conflict law.