外國人投資에 대한 國家安保上 規制

• 영문명: The Regulation of Foreign Investment for National Security
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 李葵洙(Kyu-Soo Lee)
• 간행물 정보: 『비교사법』比較私法 제13권 제4호, 233~262쪽, 전체 30쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.12.01

영문 초록

  Since the Korean financial crisis in 1997, foreign investment in Korea has rapidly increased as a result of deregulation policy on foreign investment. But such a deregulation policy on foreign investment can result in permitting foreigners to acquire the control of the companies whose assets are highly valued enough to be protected for essential national interests such as defence of national security. In case of foreigner"s threat to essential national security, it is allowed to make laws for protection of such national security and from this point of view the recent Korean revised bills in relation to the regulation of foreign investment are desirable in principle.
  However, such plans need to protect domestic national security while encouraging foreign faith in the open and consistent policies of Korea to walk the line between encouraging foreign investment and protecting against threats to national security, and the related problems to be solved are as follows. First, it is necessary to define specifically the term ‘national security’ to include clear guidance on where national security is implicated or not. Second, transparency and specificity should be kept in enacting and applying the other provisions of detailed requirements and procedures. Third, it would be desirable to make a single general review system to protect national security effectively. Finally, domestic shareholder"s property right may be subject to restriction according to the recent revised bill to the Korean Securities Exchanges Act § 199 ②, and it is necessary for regulators to find adequate rules to solve this problem.

목차

Ⅰ. 序論
Ⅱ. 엑슨-플로리오法上의 規制
Ⅲ. 우리나라 關聯法上의 規制
Ⅳ. 外國人投資의 國家安保上 規制에 있어서의 課題
Ⅴ. 結論
【參考文獻】
【Abstract】

키워드

자본시장의 국제화 외국인투자의 규제 국가안보 엑슨-플로리오법 외국인투자촉진법 Globalization of Capital Markets Regulation of Foreign Investment National Security the Exon-Florio Amendment to the Omnibus Trade and Competitiveness Act of 1988 the Foreign Investment Promotion Act