Research Report
A Study on North Korea's Land Legislation
Ⅰ. Backgrounds and Purposes
▶ Analysis of North Korea's economic development and national land construction trends
○ Analyze the policies and laws of land construction and development that are carried out in parallel with the economic improvement measures promoted by the Kim Jong-un regime in North Korea.
- In North Korea's economic improvement policy, the national land construction sector is emerging as a key task, and since the 2000s, related laws and regulations have been revised to include content that can read changes in North Korea.
○ Amid the ups and downs of inter-Korean relations, considering the characteristics of North Korea's national land construction policies and laws, emphasizing the partnership for future unification.
- In order to achieve practical unification, it is important to close the significant economic gap between South and North Korea.
- After unification, North Korea's land construction, urban development, and housing maintenance are expected to be important tasks in order to contribute to economic recovery and social stability in the North Korean region.
▶ Basic study of North Korean land-related laws
○ Analyze the contents and trends of land-related laws and regulations taken by North Korea during the period of economic openness and improvement in the 2000s, the main contents and characteristics of the policy direction and institutionalization of North Korea's overall land development and use in the future.
- North Korea's national land legislation reflects changes in the economic environment and shows policy goals and specific implementation systems that can identify policy goals and degree of change related to the overall economic development of North Korea.
○ Prepare for the promotion of inter-Korean exchanges and cooperation and progress in inter-Korean relations
- It is essential to understand North Korea's land-related laws and regulations in preparation for direct or indirect entry into North Korea related to inter-Korean economic cooperation.
- Understanding North Korea's land-related laws is a basic way to understand North Korea and a way to establish a cooperative system with North Korea.
Ⅱ. Major Content
▶ North Korea’s land policy and related laws and regulations
○ An overview of the history and characteristics of national land policy since the establishment of the North Korean regime
- In particular, the situation of national land development in relation to the expansion of foreign investment and the promotion of economic openness policies to overcome the economic difficulties since the 1980s is significant.
- The experience of opening up and co-development of the North Korean region in terms of inter-Korean economic cooperation through the Mt. Kumgang tourist zone and the Kaesong industrial zone is important for the analysis and development of related laws.
○ Analyze North Korea's land development principle and legal system, but review North Korea's ownership principle, economic provisions under the Socialist Constitution, and ownership regulations under the Civil Code
- Evaluate changes in the national land development policy and related laws and regulations of the Kim Jong-un regime in light of changes in the economic situation accompanied by economic improvement measures
○ If you look at the national land law system in North Korea, the National Land Planning Act and the Urban Planning Act were revised as planning laws, and the Construction Act, Household Criminal Code, Urban Management Act, and Pyongyang City Management Act were enacted as construction and urban management laws. Road Act, Waterworks Act, Sewerage Act, Garden as Infrastructure Act. In addition, the Land Act and Forest Act were reorganized as individual laws for the constituent elements of the national land, and the Environmental Protection Act and the Environmental Impact Assessment Act were enacted and operated as environmental laws and regulations.
▶ Main contents and characteristics of North Korea’s land law system
○ First, the land law is reviewed as a land planning and use law, and then the national land planning law and the urban planning law are analyzed.
- The Construction Act, Real Estate Management Act, Urban Management Act, Pyongyang City Management Act, Household Collection Act, etc. are outlined as construction management laws.
○ Review the systems of the National Land Planning Act and the Urban Planning Act of North Korea, compare the two laws in ratification and implementation, examine common offenses and differences, and seek out specific law enforcement agencies
○ Review North Korea's national land policy and legislative tasks, but review the current status and tasks in terms of urban development in relation to the construction of single-family houses, which has been intensively promoted in North Korea.
▶ Comparison of South and North Korean land laws and directions for integration
○ Comparison of the national land legislation between South and North Korea has in common in the background of promoting economic policies for economic development, and similar aspects can be found in the overall legal system.
- In the process of economic development centered on development, use, and restrictions, South Korea's national land legislation changed from state-led development to national land construction and development in terms of protecting the rights of the private sector and the people.
- In North Korea, national and party-led national land policies were promoted based on the initial state ownership system (some marketization measures were introduced, creating an atmosphere of change in national land planning and urban planning)
○ There is a fundamental difference between the constitutional basis provisions of the land-related laws and regulations of the two Koreas.
- National land development according to the Constitution of the Republic of Korea is centered on private development based on private property. In North Korea, national land development is led by the state according to the principle of state ownership, and national land planning for this purpose is led by the state.
- An overview of the system and contents of the urban development bills in North and South Korea related to urban development, such as housing construction, currently being promoted in North Korea. In the process of unification, the direction of land and city construction in North Korea was set, and a framework for future inter-Korean cooperation was formed.
○ The direction of integration of the inter-Korean land law should be determined by reviewing North Korea's current land plan and construction direction.
- It is necessary to find ways to cooperate with North Korea's underdeveloped urban development and housing improvement projects for the purpose of identifying trends in North Korea's land development and urban development laws, securing space for mutual information exchange, and creating common spaces for integrated spaces.
Ⅲ. Expected Effects
▶ Analysis of trends in North Korea's land-related legislation
○ Even under the national land and city construction and development policy based on socialist principles, North Korea's land-related laws are accepting changes to overcome economic difficulties.
- In particular, the development of special economic zones (special economic zones) recognizes exceptional measures of existing national land policies and reflects capitalist factors for attracting foreign investment in legislative reform.
▶ Deriving the direction of inter-Korean cooperation
○ As an inter-Korean economic cooperation system, the Kaesong Industrial Complex Act and the Mt. Kumgang Tourism Act were enacted under the joint cooperation of the two Koreas.
- It is necessary to establish a legal system corresponding to the stage of expansion of land construction between South and North Korea. In order to promote the construction of new towns and rearrangement of existing cities through the development of North Korea's national land, it is necessary to devise measures such as North Korea's national land legislation and special legislation as necessary.
- In the short term, it is requested to establish a foundation for inter-Korean cooperation in relation to the construction of special economic zones in North Korea, urban development, and the construction of dwelling houses.