Abstract

This research aims to provide systematic legal direction for the future unification of South and North Koreas' mining industry by analyzing the methods, processes, and related legal issues in Germany's unification process. Germany chose the extended application of West German mining law in the process of the unification, and agreed to reorganize the new law after the unification. First, under the German Unification Treaty, the German government revoked and nationalized the mining rights of East Germany. Next, the government moderated the regulations regarding business and property rights in East Germany, and legislated the act of privatization and reorganization of public assets (Treuhandgesetz) to establish Treuhand for intensive restructuring and privatization. Considering the circumstances of mining integration in Germany, Korea needs to prepare for the systematic organization of the legislative system to prevent issues regarding the ownership of resources, concession, and property rights for future cooperation and integration of mining.

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