북한 민사관계법률에 대한 분석과 남한법률과의 비교법적 고찰

Abstract

The Korean peninsula was divided after the World War II into the Republic of Korea and the Democratic People’s Republic of Korea, then subsequently suffered the pains of the Korean War due to differences in ideologies. After this occurrence, both sides have established state union based on the differing ideologies, which led to the solidification of separation. So as to overcome conflicts, confrontations, fears of war, and agony of separated families during the last half-century, peaceful and democratic unification of the South and North Korea must be accomplished, which is the hope of all Koreans. After the separation, South and North Korea each has developed their own legal institutions from founding principles based on their ideologies. If the two Koreas are unable to overcome the differences, it will become a large obstacle to forthcoming unification. In order to resolve the problem, a clear and objective understanding on the laws of South and North Korea is essential, which means that we need to acknowledge the different realities in the unification process. Based on this foundation, we need to consider the process of integration of military and politics along with socioeconomic and cultural union, which leads to a larger process of creating a developed, new unified Korean community.

This study will analyze the laws governing civil affairs in North Korea then compare it with the counterpart of South Korea to expand the opportunities to resolve diverse legal disputes within the rule of law principles that may arise in the process of unification. The findings will serve as the basic framework for the post-unification legal system. In the long term, it is to establish the necessary cornerstone to integrate the legal institutions regulating the civil affairs of both Koreas effectively and safely. First, the study will analyze civil laws of North Korea in the following areas; compensation, family, inheritance, and civil procedure. Furthermore, based on this analysis, we shall consider if the basis of legal cognition may be shared mutually by comparing and contrasting the contents of South Korean laws.