北韓의 賣買法

• 영문명: Law of Sale of Goods in North-Korea
• 발행기관: 한국민사법학회
• 저자명: 김상용(Kim, Sang-Yong)
• 간행물 정보: 『민사법학』제24호, 223~250쪽, 전체 28쪽
• 주제분류: 사회과학 > 사회과학일반
• 파일형태: PDF
• 발행일자: 2003.09.30

영문 초록

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.

목차

Ⅰ. 槪說

Ⅱ. 北韓民法에서의 賣買에 관한 規律

Ⅲ. 特別法에서의 賣買에 관한 規律

Ⅳ. 涉外的 賣買와 南北韓間에서의 賣買에 관한 規律

Ⅴ. 北韓賣買法에 대한 評價

키워드

사회주의 계획 경제 계획적 계약 일반계약 집단주의 사회주의 공공재산