남북간에 합의된 상사분쟁해결합의서의 실행과제

• 영문명: Pending Problems of Agreement on Commercial Dispute Settlement concluded between south and north Korea
• 발행기관: 국제고려학회 서울지회
• 저자명: 김상호(Kim, Sang Ho)
• 간행물 정보: 『국제고려학회 서울지회 논문집』제3호, 319~348쪽, 전체 30쪽
• 주제분류: 인문학 > 기타인문학
• 파일형태: PDF
• 발행일자: 2002.06.30

영문 초록

「The South-North Joint Declaration」 of June 15, 2000 made by President Kim Dae Jung and National Defense Committee Chairman Kim Jong Il will contribute to the activation of economic exchange between south and north Korea. In this connection, a speedy and reasonable settlement of commercial disputes arising therefrom is becoming a problem of vital importance. To settle commercial disputes arising from economic exchange between south and north Korea reasonably and speedily, the South-North authorities agreed titled 「Agreement on Settlement Procedure of Commercial Disputes」 in December, 2000. In this connection, arbitral institutions between south and north Korea will have to consider a possible arbitration agreement carefully to settle the south-north disputes systematically, which will serve as an example for similar arrangements and possible harmonization in East-West commercial relations. A variety of dispute settlements including friendly consultations, conciliation and arbitration will be used more frequently within the framework of the bilateral agreements of governmental or non-governmental level which have been concluded in the past between socialist and capitalistic economy countries. There is a growing tendency that East-West trade parties recognize and accept the UNCITRAL Arbitration Rules in their contracts. So it is advisable to use the UNCITRAL Rules in south-north arbitrations in case that the interested parties fail to agree on applicable rules. Also, the pre-arbitral system called ‘Joint Conciliation’ should be reflected in the settlement mechanism of commercial disputes arising between south and north Korean parties as already proved to be successful between the U.S. and China trade in the past.

목차

1. 序論

2. 紛爭解決合意書의 構成과 內容

3. 紛爭解決合意書의 實行課題

4. 結語

참고문헌

키워드

남북한 경제교류 상사분쟁해결합의서 갈등사례 실행과제