• Title/Summary/Keyword: South and North Korea

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Problems and Solutions of Commercial Arbitration Committee of South-North Korea (남북상사중재위원회 운영상의 문제점과 활성화방안)

  • Choi, Seok-Beom;Park, Geun-Sik;Kim, Tae-Hwan;Kim, Jae-Hak;Park, Sun-Young
    • Journal of Arbitration Studies
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    • v.17 no.1
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    • pp.157-181
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    • 2007
  • The commercial relationship between South and North Korea is defined under the concept of economic relation and cooperation. To resolve any dispute that can arise from the trade and investment relations between South and North Korea, 'Agreement on the Procedures to Resolve Commercial Arbitration of South-North Korea' came into force in August 2003. Commercial Arbitration Committee of South-North Korea will be organized as the member lists of the committee were exchanged in July 2006 between South and North Korea. This committee must become a central system to settle the trade and investment disputes between South and North Korea. North Korea's Foreign Economic Arbitration Act was enacted to provide the foreign investors with the safe measures in their investments such as dispute resolution. But this Act can not dispute the trade and investment disputes between South and North Korea. The purpose of this paper is to contribute to the activation of arbitration between South and North Korea by studying Commercial Arbitration Committee of South-North Korea introduced by Agreement on the Procedures to Resolve Commercial Arbitration of South-North Korea and Agreement on the Construction and Operation of Commercial Arbitration Committee of South-North Korea and finding the problems and solutions of Commercial Arbitration Committee of South-North Korea.

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A Study on Settlement of Commercial Disputes between the South and the North of Korea (남북한 상사분쟁의 해결에 관한 연구)

  • Kim Sang-Ho
    • Journal of Arbitration Studies
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    • v.16 no.2
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    • pp.3-49
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    • 2006
  • The purpose of this paper is to make research on the settlement mechanism of the commercial disputes between the South and the North of Korea. Also, this paper is to make research on the south-north Korea's cooperative tasks to promote the disputes settlement, including the operation and management of the South-North Arbitration Commission as well as the enactment of the South-North Arbitration Rules. To realize the spirit of the South-North Joint Declaration of June 15, 2000, the Authorities concerned of the South and the North of Korea have reached an agreement titled 'Agreement on Settlement Procedure of Commercial Disputes' on December of the same year. As the follow-up measures of the said Agreement, the South-North Authorities have signed an another agreement called 'Agreement on Organization and Administration of the South-North Arbitration Commission' on October, 2003, which is becoming vital importance for settlement of the commercial disputes between south and north Korea including the Gaeseong Industrial Complex. Gaeseong, a city surrounded by the North Korean military and a symbol of inter-Korean tensions, is now turning into a peace zone where thousands of North and South Koreans are working side by side. The Gaeseong Industrial Complex project, driven by the logic and economic necessity of cooperation, has been steadily moving forward since the North designated it as a special economic zone and has enacted related laws and regulations for its development. Under the situation, the matter of primary concern is how to organize and conduct the Arbitration Commission for the prompt and effective settlement of the south-north commercial disputes. First of all, the South-North Authorities should recognize that the availability of prompt, effective and economical means of dispute resolution such as arbitration and mediation to be made by the Arbitration Commission would promote the orderly growth and encouragement of the south-north trade and investment. In this connection, the Korean Commercial Arbitration Board(KCAB) should be designated as the arbitral institution of the south Korean side under the Agreement on Organization and Administration of the South-North Arbitration Commission. The KCAB is the only authorized arbitral organization in South Korea to settle all kinds of commercial disputes at home and abroad.

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A Study on The Resolution of Commercial Disputes under The South-North Korea Arbitration Rules (남북중재규정 에 따른 상사분쟁해결에 관한 소고)

  • Park Jong-Sam
    • Journal of Arbitration Studies
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    • v.15 no.1
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    • pp.67-93
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    • 2005
  • To realize the spirit of South-North Joint Declaration of June 15, 2000, the authorities concerned of South and North Korea have reached agreements to settle commercial disputes as well as to set up a South-North arbitration rule which is becoming a problem of vital importance between South and North Korea. The purpose of this paper is to analyzed and review carefully the drafting of Commercial Arbitration Rule of the commercial Arbitration Committee of the South-North Korea so The South-North Korea Commercial Rule is an institutional organization for resolution of commercial disputes arising form trade and investment between south and north Korea. Under the situation, it is becoming a problem of vital importance how to manage and control the Arbitration Rule for prompt and effective resolution of South-North Korea of commercial disputes It is probable that the drafting of Commercial Arbitration Rule of the Commercial Arbitration Committee in South Korea should be written by the Commercial Arbitration Committee of South Korean arbitral body after these organizations are established and appointed. it's not recommendable that we the South-North Korea write the only enc South Korean draft of the Commercial Arbitration Committee of the South-Nonh Korea. The Korean Commercial Arbitration Board(KCAB) should be designated as the arbitration institution of South Korea because the KCAB is the only authorized institution in South Korea, statutorily empowered to settle any kind of commercial disputes at home and abroad.

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Problems and Fundamental Principles in Drafting of Arbitration Rule of the Commercial Arbitration Committee of South-North Korea. (남북상사중재위원회 중재규정초안작성상의 문제성과 기본원칙)

  • Choi Jang-Ho
    • Journal of Arbitration Studies
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    • v.14 no.2
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    • pp.47-72
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    • 2004
  • The Drafting of Arbitration Rule of the Commercial Arbitration Committee of the South-North Korea is to be the basis of and important to the South-North Commercial Arbitration Committee. Therefore we should study and review carefully the drafting of Commercial Arbitration Rule of the Commercial Arbitration Committee of the South-North Korea. First of all, it's probable that the drafting of Commercial Arbitration Rule of the Commercial Arbitration Committee in South Korea should be written by the Commercial Arbitration Committee of South Korea and Korean arbitral body after these organizations are established and appointed. Second, it's probable that the Commercial Arbitration Committee of South Korea and the arbitral body in South Korea should be composed of private sector, not government officer mainly. Third, it's not recommendable that we make the ICSID intervene in appointment of arbitrator(s) of the Commercial Arbitration Committee of the South-North Korea when it's not agreed with between the South Korea and the North Korea. Forth, it's not recommendable that we, the South Korea write the only one South Korean draft of the Arbitration Rule of the Commercial Arbitration Committee of the South-North Korea.

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A Comparative Study on the Natural Monument Designations of South and North Korea (남.북한의 천연기념물 지정내용 비교)

  • Na, Moung-Ha;Hong, Youn-Soon;Kim, Hak-Berm
    • Journal of the Korean Institute of Landscape Architecture
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    • v.35 no.5
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    • pp.92-99
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    • 2007
  • Korea began preserving and managing natural monuments in 1933 under the Japanese Colonization, but South and North Korea had to establish natural monument management policies separately because of the division after the Korean Independence. The purpose of this study is to compare and analyze the natural monument designations of South and North Koreas between 1933 and 2005 to introduce advanced polices for Oneness-Korea. The following are the results: According to data of December 2005, South Korea has 358 and North Korea has 474 natural monuments. North Korea has 116 more natural monuments than South Korea. In addition, over half of South Korea's designations are plants, whereas North Korea's designations are relatively well-balanced. Both South and North Korea designate plants(mostly trees) that are old and large. However, South Korea emphasizes the historical value of village forests, contrary to economic value in North Korea. Also, North Korea preserves many traditional fruit trees which have not been well-preserved in South Korea. As for animals, South Korea designates migratory wild animals by type and not by region to protect them at a national level, whereas North Korea designates the specific habitats of each type of wild animal. In addition, North Korea protects each region's cattle and chickens to preserve native traits of domesticated animals. Geologically, North Korea preserves 18 hot springs and 11 springs, whereas South Korea has none. Geographically, North Korea preserves 81 waterfalls, lakes, etc. In the conclusion, advanced natural monument management of South and North Korea is necessary to achieve effective preservation of natural monuments.

A Study on Unification plan of field of industrial property right in the North and South Korea (${\cdot}$북한 지적재산권법의 통일화 방안 연구)

  • Yun Sun-Hee
    • Journal of Arbitration Studies
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    • v.15 no.3
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    • pp.139-174
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    • 2005
  • Since a declaration between North and South Korea was adopted, North and South Korea has strengthened the interchange and cooperation between each other in many fields. Especially, the interchange and cooperation in the field of industrial property right, such as patent and trademark, are required to keep up with the age of the knowledge industry. But, until a recent date, there has been little interchange or cooperation in the field of industrial property right, and a few major companies were attempt to apply for the patent in North Korea through the Third country The system of industrial property laws in North and South Korea are very different because of time and political ideology barriers. To unify the system of industrial property laws in North and South Korea, firstly, North and South Korea must try to recognize and understand the dissimilarity between them. In this article, I compared the system of industrial property law of South Korea with that of North Korea to search commonalities and dissimilarities. Furthermore, it is needed to establish systematic devices for understanding of between North and South Korea, for instance, conducting a interdisciplinary seminar or dispatching a judge mutually. Finally, it is necessary to phase in a practical plan for unification. In the short run, mutual application and registration have to be authorized, and in the long view, unifying the practice of industrial property law service is needed. At the conclusion, the industrial property laws in North and South Korea can be unified systematically. In other words , to unify system of industrial property laws in North and South Korea, it is prerequisite that mutual understanding of industrial property laws and performance of the unify plan. The interchange and cooperation in this field will not only promote technical development but also create common interests of North and South Korea by expanding an opportunity for creating and utilizing industrial property.

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A Study of the Effects of Trade between North Korea and China on the Conflict between South Korea and North Korea (북한·중국 간 교역이 남한·북한 간 분쟁관계에 미친 영향에 관한 연구)

  • Ju, Sung Whan
    • International Area Studies Review
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    • v.13 no.3
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    • pp.361-383
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    • 2009
  • This study extends theoretically the expected utility model of trade-conflict developed by Polacheck if a third country is involved, and analyses empirically how trade between North Korea and China affects to the political conflict between South and North Korea. The results of empirical analysis show that North Korea's exports to South Korea and China do not affect the conflict or cooperative relations between South and North Korea. But North Korea's imports from South Korea and China affect to the conflict between South and North Korea: increasing of North Korea's imports to South Korea reduce conflict between South and North Korea, but increasing of North Korea's imports to China increase conflict between South and North Korea.

South·North Korea, Japan Red Snow Crab Industry Cooperation (남·북·일 붉은 대게 산업협력)

  • Eom, Kyung-Ho
    • The Journal of Fisheries Business Administration
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    • v.49 no.3
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    • pp.1-14
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    • 2018
  • This study focuses on red snow crabs for fisheries cooperation in South Korea, North Korea, and Japan. South Korea, North Korea, and Japan have had experience in promoting red snow crab fisheries cooperation. However, this cooperation is now discontinued. South Korea, North Korea, and Japan are required to play a role in mediating South Korea in order to promote red snow crabs fisheries cooperation. South Korea has the capacity to carry out economic intervention in North Korea and Japan. This is even more so in the red snow crabs. On the other, South Korea, North Korea and Japan's red snow crabs fisheries cooperation can develop into Northeast Asian fisheries cooperation including Russia and China. This can be done through the major fisheries of the East Sea, the squid and the alaska pollocks. The role of the Korean peninsula is important in Northeast Asian fisheries cooperation.

E-Commerce Cooperation between South and North Korea for Promotion of GaeSung Industrial Complex (개성공단 활성화를 위한 남북한 전자상거래협력사업)

  • Choi, Seok-Beom;Eom, Kwang-Yeol;Kim, Tae-Hwan;Kim, Jae-Hak
    • International Commerce and Information Review
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    • v.9 no.1
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    • pp.65-95
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    • 2007
  • This paper deals with the e-Commerce Cooperation between South and North Korea for Promotion of GaeSung Industrial Complex that has been evaluated as the most successful project for inviting the foreign investment of South Korea because many small and medium enterprises are rushing to invest to that Complex. The e-Commerce cooperation between South and North Korea in GaeSung Industrial Complex are playing a role for North Korea survives in the global digital world in that the cooperation is shifted to IT and e-commerce as well as. North Korea has the policy to increase national wealth to uphold the IT industry. The e-Commerce Cooperation between South and North Korea in GaeSung Industrial Complex will develop the e-commerce in North Korea and increase the e-Commerce between South and North Korea in the future.

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A Study to Promote the EC Collaboration of the South and North Korea based on the Preemptive Dispute Resolution Policies (남북한 전자상거래 추진에 따른 활성화 방안 -분쟁방지를 위한 사전조정 기능을 중심으로-)

  • Choi, Yong-Rok
    • Journal of Arbitration Studies
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    • v.16 no.3
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    • pp.191-216
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    • 2006
  • It has been talked about the responsibility of the South-North Korean e-market place(e-MP) collaboration project every you since 2003. However, the feasibility as the business has not been dealt with in detail due to the uncertain environment as well as the complicated procedures of the project. The research focuses on the workable mechanism of the South-North Korean E-Market Place collaboration project. The feasibility of the project results from the newly installed fiber telecommunication network as well as the 1 billion dollars of the trading volume between South and North Korea. The research analyzes on the capabilities as well as willingness of the South and North Korea for the e-MP, and concludes with two paradigms of the future tasks. First, the unified but step-wise structure should be made to promote the project by the political committee (South and North Korea EC Committee) and the economical administration body (South and North Korea EC Corporation). Second, the market-oriented resolution system such as South and North Korea Arbitration Body should be involved to create legal environment. Above all, the discussion should be on the main body of e-MP settlement to abolish the psychological as well as practical barriers to enter the South-North Korean electronic commerce.

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