北韓의 賣買法

Law of Sale of Goods in North-Korea

The economic structure of North-Korea is the socialistic planned economy. The guiding ideologies of North-Korea are the socialism and self-reliance. The private ownership to means of production is not permitted. the private ownership is allowed only to consumption goods. The whole economy of North-Korea is planned and controlled by government. not operated and administered by market. Therefore, the contracts of sale does not play important role in the North-Korean planned economy, even though it is provided and regulated in the North-Korean Civil Code. In the North-Korean Civil Code. two kinds of contract of sale are provided: the one is contract of sale based on a plan, the other is contract of sale not based on a plan, The contract of sale based on a plan is a contract for fulfillment of economic plan. Therefore the contents of contact of sale based on a plan are settled according to the economic plans. Further the party of planned contract of sale shall be only state institute, enterprise and organization, not a citizen. There is no freedom of contract in the contract of sale based on a plan. The contract of sale not based on a plan is concluded between citizens or citizen and a state institute, enterprise and organization on the basis of agreement between two parties. But role of the contract of sale not based on a plan is very narrow in the planned economy of North-Korea. In these days, markets for transaction of personal agricultural products are known to be a little active, and black markets are known to be secretly opened in North-Korea. Therefore, the contract of sale not based on a plan funtions mainly in these agricultural product market and black market for the formation of market in North-Korea. In order to overcome the economic crisis in North-Korea, market must be restored and contract of freedom must be approved for the formation of market.