開城工團에서의 不動産法制의 검토

Land Law in the Gae-Seong[開城] Industrial Complex in the North-Korea

The Gae-seong Industrial Complex is a special economic zone of the North-Korea, which has been designated by a North-Korean authority and developed by private companies of the South-Korea. In the Complex a few of South-Korean factories have been contructed and operated by South-Korean executive managers with employment of North-Korean laborers. Therefore, the Gae-seong Industrial Complex is located in the North-Korea, but it is developed and operated by the South-Korean private companies. To a South-Korean company, North-Korean authority has created land use right of the area of the Complex. Then, the Korea Land Cooperation has developed the Complex with purchase of the land use right from the original company, which has received land use right from the North-Korean authority. Finally, the Korea Land Cooperation has divided the developed Complex into parcels of small scale and sought thern to a few of manufacturing companies, which wish to construct factories and to manufacture goods. The Gaeseong Industrial Complex is managed and administered by the Administrative Committee, which is consisted with both South-Korean and North-Korean, and of which chief manager is South-Korean. The North-Korea has ownership of land of the Gae-seong Indsutrial Complex, the manufacturing South-Korean companies have land use rights of it, and the Complex is administered by both South-Korea and North-Korea. The ownership of land of the Gae-seong lndustrial Complex belongs to the North-Korea, the land use rights belong to the manufacturing South companies, and the administration of land of the Complex is carried out by both South-Korea and North-Korea. Therefore, South-Korean land laws have been adopted to the Gae-seong Industrial Complex through the method of land regulations for administration of land of the Complex by the Administrative Committee, which has legal power to make regulations for administration of the Complex.