COMPARATIVE REVIEW OF THE ARBITRATION ACTS OF SOUTH & NORTH KOREAS WITH THE AGREEMENT ON THE CONSTITUTION OF THE COOPERATIVE COMMERCIAL ARBITRATION COMMITTEE

• 영문명: COMPARATIVE REVIEW OF THE ARBITRATION ACTS OF SOUTH & NORTH KOREAS WITH THE AGREEMENT ON THE CONSTITUTION OF THE COOPERATIVE COMMERCIAL ARBITRATION COMMITTEE
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 김광록(KWANG-ROK KIM)
• 간행물 정보: 『비교사법』비교사법 제12권 2호, 741~780쪽, 전체 40쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2005.06.01

영문 초록

Recently North Korea has continuously caused serious turbulence to the international societies with such as an announcement of the withdrawal from the Nuclear Non-Proliferation Treaty (NPT) and of holding the nuclear weapon. However, the North Korean government has gradually taken drastic economic measures in order to improve its economic management. The government revised even its Constitution and amended nine foreign business related laws under the new Constitution in order to induce foreign investments. It is true that North Korea has Constitution and all sorts of substantial and positive laws under its Constitution. Especially, as laws to solve disputes occurred from the civil affair, North Korea only had the Code of Civil Procedure of 1994 and the Arbitration Act of 1985 before the last revision of its Constitution in 1998. Until then, even though there were legal means to solve the disputes between business parties, it was almost impossible for foreign investors or foreign enterprises to use those laws because those laws' purposes are to protect North Korea's people and to solve their own problems concerning inner disputes occurred from them. After all, the North Korean government acknowledged these situations and revised Constitution to encourage establishment and management of foreign investment enterprises in 1998. Then, the North Korean government established the External Economic Arbitration Act (EEAA) in 1999. Actually, after the enactment of the EEAA, not only North Korea but also some foreign countries expect that the EEAA would activate business transactions between North Korea and foreign enterprises and induce foreign capitals. However, the South and the North discussed technical issues of providing an institutional guarantee for effecting North-South economic cooperation at the 3rd meeting of the North-South Arrangement-Making Panel for Economic Cooperation on October 11 and 12, 2003. As a result of the meeting the North and the South adopted an agreement on organizing and operating the North-South Committee for the Arbitration of Business Disputes according to the North-South Agreement on the Procedures for the Settlement of Business Disputes in order to settle the business disputes that occur from the transactions between North and South Korean entities. The North-South Agreement on the Procedures for the Settlement of Business Disputes was signed at the fourth round of the north-south ministerial talks closed on Dec. 16, 2000. The Agreement on the Procedures for the Settlement of Business Disputes came into effect from August 20, 2003. Even though the both sides adopted the agreement on the Cooperative Commercial Arbitration Committee, the committee has not been an effective legal entity because the both sides has not exchange the detail documents that are recognized by the each government. Therefore, all the parties who are engaged in the business disputes from the transactions between the North and South Korea still must follow the arbitration act of each side. Of course every foreign business firms who stay in North Korean area also need to observe the North Korean arbitration law. But the North Korean legal, social, and economic systems are quite different from that of capitalism. So all the people who want to make a transaction with North Korean firms must understand the North Korean legal system, including the arbitration system. This Article first examines the North Korean arbitration systems and introduces the Amendment to the Korean Arbitration Act (KAA) and the North Korean arbitration act (EEAA). And then, the Article analyzes the expected problems from the both acts. The Article also offers recommendations for improvement to the KAA and the EEAA where applicable. Further, the Article purports to provide the best understanding and confidence of the South and North Korean arbitration systems under the KAA and the EEAA to readers who might have a chance to use South and North Korea

목차

Ⅰ. GENERAL INTRODUCTION

Ⅱ. NORTH KOREAN ARBITRATION SYSTEM

Ⅲ. THE BOTH KOREAN ARBITRATION ACTS

Ⅳ. CONSIDERATION FOR IMPROVING THE EEAA

Ⅴ. CONCLUSION

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【Abstract】