2024년 개정된 북한 민법상 물건 규정의 특징과 평가

This study examines and evaluates the characteristics of esthe “Thing provisions” in the 2024 amendment to the North Korean Civil Law by analyzing their compatibility with a unified civil law framework and any limitations. The amended North Korean Civil Law introduced notable changes, including the more frequent use of such terms as “things” compared to the previous version and the inclusion of mortgaged property, which aligns with the principles of unified civil law. However, the distinction between the means of production and consumer goods, which contradicts the concept of private property, should be abolished through transitional regulations under unified civil law. The amendment also outlines specific provisions regarding the rights of lessors and persons with a right of retention, offering potential scope for integration with unified civil law. However, other provisions, such as the state’s claim over all ownerless property and the limitation of retained items on movable goods, should be abolished through transitional regulations. Additionally, the new provisions regarding security money and indivisible goods align with existing legal principles but the introduction of resident fund mobilization contracts should be abolished by through transitional regulations within unified civil law.