• 한국중재학회지:중재연구
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• 제17권1호
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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.

• 한국중재학회지:중재연구
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• 제16권2호
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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.

• 한국중재학회지:중재연구
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• 제15권1호
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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.

• 한국중재학회지:중재연구
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• 제14권2호
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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.

• 한국조경학회지
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• 제35권5호
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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.

• 한국중재학회지:중재연구
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• 제15권3호
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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.

• 국제지역연구
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• 제13권3호
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• pp.361-383
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• 2009

본 연구에서는 두 국가 간 정치적 분쟁(또는 협력)의 원인적 변수를 단순하게 두 국가 간 경제적 교역으로 설정한 Polachek(1978, 1980)의 교역-분쟁에 관한 기대효용모형에 관련 강대국의 개입이라는 요소를 더하여, 제3국의 개입이 두 국가 간 분쟁에 어떤 영향을 주는가를 이론적으로 분석하였다. 또한 구체적으로 남북한 모두와 밀접한 교역관계를 맺고 있는 중국의 북한과의 무역이 남북한 간 정치적 분쟁에 어떻게 영향을 주는가를 실증적으로 분석하여 보았다. 이론적 분석에서는 남한과 중국이 정치적 관계에서 대립적 관계일 때, 북한의 중국에 대한 수출증가는 북한의 남한에 대한 분쟁 증가를 유도하는 것으로 나타났다. 마찬가지로 남한과 중국이 정치적으로 대립적 관계일 때, 북한의 중국으로부터의 수입증가는 북한의 남한에 대한 분쟁 증가를 유도하는 것으로 나타났다. 한편 실증적 분석에서는 북한의 대남수출(남한의 대북반입)과 대중수출은 남북한 분쟁관계에 영향을 주는 않는다는 것으로 나타났다. 그러나 북한의 대남수입(남한의 대북반출)이 증가하면 남북한 정치관계는 협력관계로 진행되고 있으며, 북한의 대중수입이 증가하면 남북한 정치관계는 분쟁의 증가관계로 진행되는 것으로 나타났는데, 이러한 실증적 결과는 앞에서 분석한 이론적 분석과도 일치하고 있다.

• 수산경영론집
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• 제49권3호
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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.

• 통상정보연구
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• 제9권1호
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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.

• 한국중재학회지:중재연구
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• 제16권3호
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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.