재일동포의 상속에 있어서 준거법 결정에 관한 고찰

A Study on Determination of Governing Law of Inheritance of Korean Residents in Japan

In Japan there are many Korean residents with South or North Korean citizenship. It might be natural that Korean people reside all over the world in the age of globalization. The followings cause to Korean residents in Japan a lot of problems: (1) the history that Chosun Dynasty was annexed forcibly by the Empire of Japan and (2) the special problems between South and North Korea. The problem of inheritance of Korean residents in Japan is one of them. For example, it is a problem of inheritance which results from the marriage between a man and a woman who belongs to the pro-Seoul Federation of Korean Residents in Japan and the pro-Pyeongyang federation of Korean residents in Japan, and vice versa. This problem is related to laws of three countries South Korea, North Korea and Japan. Further, its relations with political issues (e.g. no diplomatic relation between North Korea and Japan, the division of Korea into North Korea and South Korea, etc.) cause complicated problems. There have been a lot of studies on inheritance of separated families who reside in South Korea and North Korea. However, there are not many studies on inheritance of Korean residents in Japan. This study aims to make emphasis on determination of governing law of inheritance of Korean residents in Japan. In the introduction, it reviews the legal status in North Korea briefly. Then, it takes a survey of Nationality Act of the three countries regarding ‘nationality’ as a connection to the determination of governing law of inheritance and examines historical issues on the reinstatement of citizenship of Korean residents in Japan. It discusses the determination of governing law of inheritance of the residents focusing the private international law of the three countries. In conclusion, this study suggests several cases of inheritance of Korean residents in Japan to resolve, based on the above discussions.