• 노동경제논집
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• 제17권2호
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• pp.357-368
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• 1995

• 한국중재학회지:중재연구
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• 제18권1호
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• pp.167-184
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• 2008

The economic cooperation between the South and North Koreas is a very important issue for the unification and economic development of both Koreas. In order to reach a successful economic cooperation, there is a need to coordinate the differences of the two countries before unification. The economic cooperation and the cooperation in other sectors will be followed by the entire unification. It is necessary to prepare a mechanism that could peacefully solve the conflicts and disputes that could arise during the actual process of cooperation, which will secure stable investments and trades. The study on the possibility of introducing the arbitration system as a conflict solving mechanism between the two Koreas is a very important subject, and the basis of this study is on the examination of the arbitration laws of North Korea. Therefore, the study on the efficiency of the North Korean arbitration laws on foreign economy is studying the possibility of a systematical solution to economic conflicts between the South and North Koreas. The problems and possible solutions of the North Korean foreign economy arbitration laws are summarized as follows. First, juridical cooperation system for both South and North courts of justice needs to be set up to smoothly carry out the main procedures. Mutual correspondence and telecommunication needs to be guaranteed, also remittance and the movement of goods shall precede. Second, the free liquidation of businesses by unit and the individual and independent management of wealth of the North Korean economic bodies, organizations and businesses shall precede to independently liquidate wealth and thus make arbitration possible. Third, amendments in the North Korea's foreign economy arbitration law shall be made to some parts of regulations on arbitration agreements and specific contents of written arbitration agreements to avoid conflicts regarding arbitration agreement. Fourth, the members of the North Korean arbitration committee shall impartially manage the committee only without taking the role of arbitrator, and the clause that allows the North Korean committee to nominate the arbitrator shall be erased. In case an agreement regarding the number of arbitrators is not reached, the three arbitrators general rule shall be applied. In case of requests from any of the parties, a third country arbitrator nomination shall be guaranteed. Also, the requested arbitrator by the party shall be nominated with the cooperation of the court. Fifth, the trial in case of non-appearance or written trial shall be added to the North Korean law in to prevent intended negligence or evasion. Sixth, regulations regarding the court's investigation of evidence shall be added to the North Korean law to make fair arbitration possible in case that government power is needed in order to investigate evidence. Seventh, provisions regarding majority decision shall be added in the North Korean law in the impossibility of unanimous decisions, and the certified system in the arbitration committee official text shall be erased to prevent arrogation and assure the power of the decision made by the arbitration government. Eighth, as "the wrong decision approved" reason for cancellation of arbitration in the North Korean law includes the content of the decision made by the arbitrator could lead to uselessness of arbitration, amendment will be necessary to limit it to legitimacy of the arbitration agreement and wrong procedures. It is hoped that this thesis will be of important use in understanding the issues on the workability and the solutions to the South and North Koreas' arbitration that could be presented during the negotiations for the countries' economic cooperation.

• 한국중재학회지:중재연구
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• 제30권2호
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• pp.91-120
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• 2020

The Scope of Application of North Korea's Foreign Economic Arbitration Act and Foreign Investment Act This article examines whether the Foreign Economic Arbitration Act and the Foreign Investment Act of North Korea apply to South Korean parties or companies. This article analyzes laws and agreements related to economic cooperation between South Korea and North Korea. Furthermore, this article compares and evaluates laws related to foreign investment and enacted in North Korea. Now, North Korea's door is closed due to economic sanctions against it, but it will be opened soon. Thus, this article prepares for the future opening of North Korea's markets. Is there a rule of laws in North Korea or just a ruler? Are there laws in North Korea? North Korea has enacted a number of legislation to attract foreign investors, referring to those Chinese laws. For example, North Korea enacted the Foreigner Investment Act, the Foreigner Company Act, the Foreign Investment Bank Act, the Foreign Economic Arbitration Act, the Foreign Economic Contract Act, the International Trade Act, and the Free Economy and Trade Zone Act, among others. Article 2 (2) of the Foreign Investment Law of North Korea states, "Foreign investors are corporations and individuals from other countries investing in our country." It is interpreted that South Korea is not included in the "other countries" of this definition. According to many mutual agreements signed by South Korea and North Korea, the relationship between the two Koreas is a special relation inside the Korean ethnic group. An arbitration between a South Korean party and a North Korean party has the characteristics of both domestic arbitrations and international arbitrations. If the South Korea and North Korea Commercial Arbitration Commission or the Kaesong Industrial Complex Arbitration Commission is not established, the possibility of arbitration by the Chosun International Trade Arbitration Commission, established under North Korea's Foreign Economic Arbitration Act, should be examined. There have been no cases where the Foreign Economic Arbitration Act is applied to disputes between parties of South Korea and North Korea. It might be possible to apply the Foreign Economic Arbitration Act by recognizing the "foreign factor" of a dispute between the South Korean party and North Korean party. It is necessary to raise legislative clarifications by revising the North Korea's Foreign Economic Arbitration Act as to whether Korean parties or companies are included in the scope of this Act's application. Even if it is interpreted that South Korean parties or companies are not included in the scope of North Korea's Foreign Economic Arbitration Act, disputes between South Korean companies and North Korean companies can be resolved by foreign arbitration institutes such as CIETAC in China, HKIAC in Hong Kong, or SIAC in Singapore. Such arbitration awards could be enforced in North Korea pursuant to Article 64 of North Korea's Foreign Economic Arbitration Act. This is because the arbitration awards of foreign arbitration institutes are included in the scope of North Korea's Foreign Economic Arbitration Act. The matter is how to enforce the North Korean laws when a North Korean party or North Korean government does not abide by the laws or their contracts. It is essential for North Korea to join the New York Convention (Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the ICSID Convention (Convention on the Settlement of Investment Disputes Between States and Nationals of Other States).

• KDI Journal of Economic Policy
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• 제13권4호
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• pp.155-177
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• 1991

본고(本稿)에서는 최근 한반도(韓半島) 주변정세(周邊情勢)의 변화(變化)와 북한(北韓)의 개방전망(開放展望) 및 현재 추진중에 있는 남북한(南北韓) 경제교류(經濟交流)의 현황(現況)을 분석한 다음, 앞으로 추진해 나가야 할 남북한(南北韓) 경제협력(經濟協力)의 기본방향(基本方向)과 물자교류(物資交流) 및 합작투자(合作投資)의 추진(推進) 등 실질적(實質的)인 경제교류(經濟交流) 협력방안(協力方案)을 제시하였다. 현재 북한(北韓)이 처해 있는 대내외적(對內外的) 상황(狀況)은 북한(北韓)의 개방(開放)을 불가피하게 하고 있어, 북한(北韓)은 남북한(南北韓) UN 동시가입(同時加入)을 계기로 침체된 북한경제의 회복을 위해 UNDP, UNIDO 등 국제기구(國際機構)를 통한 대서방(對西方) 경제협력(經濟協力)을 적극 추진할 것으로 예상되며, 이는 남북한(南北韓) 경제협력(經濟協力)의 증대(增大)로 연계될 것이다. 그러나 초기단계(初期段階)의 남북한(南北韓) 경제협력(經濟協力)은 분쟁의 요소가 적고 또한 남북한(南北韓) 관계개선(關係改善)의 파급효과(波及效果)가 큰 분야에서부터 시작하는 것이 필요하며, 쌍방의 수용이 가능한 사업부터 순차적으로 추진하여 현행 간접무역형태(間接貿易形態)에서 직접무역형태(直接貿易形態)로 발전시키고, 제3국으로의 공동진출(共同進出), 남북한(南北韓) 경제협력측면(經濟協力側面)에서의 간접(間接) 직접투자(直接投資)에 이르는 단계별(段階別) 접근(接近)이 필요하며, 연쇄효과(linkage effect)의 극대화를 위해 다단계(多段階) 동시추진(同時推進)의 유연성(柔軟性)도 고려되어야 한다. 또한 남북한(南北韓) 경제교류(經濟交流)의 기본목표(基本目標)는 민족경제공동체(民族經濟共同體)를 형성하기 위한 기반을 조성하는 것이므로 점차 활성화(活性化)가 예상되는 남북한(南北韓)의 경제교류(經濟交流) 협력(協力)의 추진(推進)은 교역단계(交易段階), 자본(資本) 기술협력단계(技術協力段階)뿐만 아니라 민족경제공동체(民族經濟共同體) 형성(形成) 이후 남북한(南北韓) 산업구조조정필요성(産業構造調整必要性) 등 전체의 흐름을 염두에 두고 반드시 장기적(長期的)인 시각(視角)에서 일관성(一貫性) 있게 추진되어야 할 것이다.

• 항공우주정책ㆍ법학회지
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• 제20권1호
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• pp.143-209
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• 2005

1994년 북한이 영공개방의사를 밝힌 후, 1996년 대구-평양 비행정보구역 통과 항공로 개설되었다. 2000년 김대중 대통령의 북한 방문 때 서해안 직항로를 이용하는등 남북한의 항공운송협력이 강화되는 듯하였으나, 여러 주변 환경에 대한 운송부담력이 큰 항공운송은 남북한 협력이 쉽게 이루어지지 못하고 있다. 최근 남북한 교류가 증가됨에 따라 경제협력을 논의하기 자리가 자주 마련되고 있으며, 남북한 경제협력사업을 통해 정치적 신뢰성도 증진되었다. 그에 따라 과거에는 불가능하다도 여겨졌던 철도, 도로, 항만의 연계가 실현되었고, 가까운 장래에 남북이 연계된 직항로로 운송이 가능하게 될 것이다. 본 연구에서 남북한 항공운송협력이 갖는 의미는 단순히 남북한의 항공망이 연계 된 것을 의미하는 것을 넘어서 항공운송을 통한 경제협력과 동북아의 허브화를 지향하는 우리의 항공운송산업에 큰 의미를 부여하게 될 것이다. 이는 그 동한 북한이라는 한계에 부딪혀 항공 허브화에 어려움이 있었던 항공운송산업계의 큰 돌파구가 될 것이다. 즉 남북한의 항공연계의 진정한 의미는 동북하의 허브화, 세계적 경쟁력을 갖춘 항공운송산업을 갖춘 한국이 될 수 있는 좋은 기회가 될 것이다. 남북한 항공운송협력을 위한 전략 개발을 위해 환경 분석과 이를 바탕으로 SWOT 분석을 통하여 전략을 개발하였으며, 주변 환경변화에 따라 적절한 전략의 구사가 필요하다. 연구 결과 항공운송협력을 위해 내부 환경과 외부환경의 분석에 나타난 강점, 약점, 위협, 기회 요소들을 적절히 활용하여 단계별 전략의 구사에 활용하는 것이 바람직 할 것이다.

• 한국중재학회지:중재연구
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• 제33권2호
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• pp.53-83
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• 2023

The investment agreement prepared at the beginning of inter-Korean economic cooperation in 2000 can be evaluated as very ineffective as a product of mutual political and diplomatic compromise rather than an effective protection for our investment assets. South Korean companies suffered a lot of losses due to the freezing of assets in the Geumgang mountain district and the closure of the Kaeseung Industrial Complex, but they did not receive practical damage relief due to institutional vulnerabilities. Currently, North Korea is under international economic sanctions of the UN Security Council, so it is true that the resumption of inter-Korean economic cooperation is far away, but North Korea's human resources and geographical location are still attractive investment destinations for us. Therefore, if strained relations between the two Koreas recover in the future and international economic sanctions on North Korea are eased, Korean companies' investment in North Korea will resume. However, the previous inter-Korean investment agreement system was a fictional systemthat was ineffective. Therefore, if these safety devices are not reorganized when economic cooperation resumes, unfair damage to Korean companies will be repeated again. The core of the improved investment guarantee system is not a bilateral system between the two Koreas, but the establishment of a multilateral system through North Korea's inclusion in the international economy. Specifically, it includes encouraging North Korea to join international agreements for the execution of arbitration decisions, securing subrogation rights through membership of international insurance groups such as MIGA, creating matching funds by international financial organizations. Through this new approach, it will be possible to improve the safety of Korean companies' investment in North Korea, and ultimately, it will be necessary to lay the foundation for mutual development through economic cooperation between the two Koreas.

• 디지털융복합연구
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• 제10권5호
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• pp.79-87
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• 2012

2010년 6월 29일 중국 충칭에서 중국과 대만 간의 경제협력기본협정(ECFA)이 서명되었다. 이는 중국과 대만 지역의 교류 협력 중 가장 진일보 한 협력으로서 최근 중국과 대만 간의 해빙무드를 반영한 것이라 생각할 수 있다. 특히 양국은 경제적 상호의존도가 매우 높기 때문에 통합이 이루어지면 큰 경제적 이익을 누릴 수 있고 안보차원에서도 양국 모두에게 이로울 것이다. 이러한 중국과 대만의 진일보된 교류관계의 발전은 분단국가인 한국에게도 많은 시사점을 주고 있다. 특히 최근의 남북한 관계는 김대중, 노무현 정권 시기와는 완전히 다른 형국으로 진행되고 있다. 그러나 남북한의 교류는 이전보다 많이 감소하였으나 중단되지는 않고 있다. 이는 남북 교류의 필요성에 대한 반증이며, 이를 효율적으로 추진하기 위한 준비가 필요하다는 것을 의미한다. 따라서 본 논문에서는 남북한 교류협력을 앞당기고 물류 통합을 위한 사례로 중국과 대만 간의 교류 협력 발전을 고찰하고, 실천 가능하고 동북아시아 상생을 위한 남북한 물류 협력 및 발전 방안을 모색해 보았다.

• 패션비즈니스
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• 제5권4호
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• pp.158-175
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• 2001

The purpose of this study was to understand and improve the clothing habits and the apparel industry of North Korea in preparation for the reunification of South and North Korea. For this study, literary data, reports, periodicals, interviews and internet data of the two Koreas were reviewed. North Korean clothing habits used to be monotonous and uniform but nowadays people's clothes have become somewhat brighter in color and more diverse in design than before. In particular, liberal and individual dressing habits appeared among the privileged classes. When taking part in national events, women have to wear the traditional Korean costume, Hanbok, while men wear business suits for formal wear. In general, men don't wear Hanbok. Students have to be in uniforms but blue jeans, T-shirts with English logos were popular among them reflecting their sensitivity and openness towards western cultures. The brides usually wear pink Hanboks and the bridegrooms wear black business suits for their wedding. North Koreans also wear Hanbok on national holidays like South Koreans. Clothing is the most important item in the trade of process commission between North and South Korea. Trading items are mid to low end men's clothing for the most part due to less emphasis on fashion in the North. The processing is indirect trade and composed of sample making and contracting, sending out materials and production, carrying in goods and setting accounts. To activate South-North trade, establishment of infrastructure, stabilization of shipping, reducing high costs of distribution, building direct communication system by setting up office in a neutral zone and simplifying procedures in applying for the South and North Korea Economic Cooperation Fund. On the other hand, clothing and textiles education is carried on at art colleges, light industries colleges and commercial colleges in Pyongyang. Clothing institutes which study Hanbok and Western clothes, are installed in each city and province. Graduates who majored in clothing and textiles are posted in institutes or apparel factories. Their job is designing, patternmaking and sewing for their customers. Most of them are women and in good state of economic conditions. The North Korean clothing industry has been the core national industry that has developed based on overseas demand form the mid 1980s. The standard is that of South Korea in the early 1980s. In 1999, trade of North Korean textile products with trade counterparts such as Japan and China was $1.3 million in exports and $1.27 in imports. Of this amount the export takes up 25.4% of the total exports in North Korea. However, fundamentally even in sectors that are irrelevant to politics such as the fashion clothing industry, trust between the South and North should be a prerequisite. Only through this can exchange between North and South and economic cooperation contribute towards the reunification.

• 한국중재학회지:중재연구
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• 제29권2호
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• pp.3-34
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• 2019

The resumption of economic cooperation between South and the North Korea will be a new growth engine for our economy. Many Korean companies are preparing to invest in North Korea in accordance with the progress of inter-Korean relations. However, there are many risks inherent in inter-Korean economic cooperation, as experienced in previous cases. Specifically, one should be prepared for unfair measures such as the expropriation of investment assets of South Korean enterprises by North Korea authorities. Therefore, it is essential to review the protection measures of investment in North Korea and to review the investment dispute settlement system. The South and the North have an agreement to establish the inter-Korean Commercial Arbitration Committee to resolve the disputes that may arise if one party's investments are lost due to inappropriate or unfair measures due to the other party's authority. However, the Investment Agreement, which governs the Inter-Korean Commercial Arbitration Committee, contains a number of declarative statements that are somewhat ineffective. Even today, nearly 20 years after the adoption of the Agreement, the specific detailed procedures have shown no real progress, such as in the enactment of arbitration rules. Therefore, at present, it is difficult to expect a system that can effectively address the damage of our corporations which have invested in North Korea. When the assets freeze after the suspension of Kumgang tourism and the closure of the Kaeseung Industrial Complex by North Korea, the activation of the inter-Korean Commercial Arbitration Committee is the most important prerequisite for economic cooperation with North Korea. For this purpose, the resolution of disputes through the Inter-Korean Commercial Arbitration Committee has to be made more concrete, with the effectiveness of the dispute settlement system enhanced by means of various efforts.

• 한국중재학회지:중재연구
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• 제21권1호
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• pp.259-277
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• 2011

In 2008, North Korea revised its Foreign Economic Arbitration Act. To some extent, the new Act reflected such international standard of arbitration as UNCITRAL Arbitration Rules. In this paper, the said Act will be evaluated, and then cooperation ways of South-North Korea on Inter-Korean Commercial Arbitration will be suggested. In 2007, the Ministry of Unification has designated the Korean Commercial Arbitration Board as Inter-Korean Arbitration Committee and has made efforts to prepare follow-up measures on the two Agreements of Inter-Korean Commercial Arbitration. In 2008 however, the follow-up measures has in fact been suspended. In order to revitalize the Inter-Korean commercial arbitration, some prerequisites must be satisfied. First, Inter-Korean Arbitration Committee for Inter-Korean commercial arbitration should re-open as soon as possible. Second, as North Korea recently shows interest in joining the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards(now so called New York Convention), Governmental Authority of Rep. of Korea should also actively assist and support their joining in New York Convention. Third, both Korean governments should carry out joint study on raising the efficiency of the arbitration system which they will use. Fourth, comparative study on arbitration systems used in both countries should be conducted. Also, it may is very timely to discuss the issue in international arbitration community such as "North-East Asia International Arbitration Conference" or other similar events. In conclusion, continuous study on prevention of commercial disputes between South-North Korea and ways to resolve disputes when they arise should be conducted.