남북 투자분쟁해결의 법적쟁점에 관할 고찰

• 영문명: A Study on the Legal Issues of Inter-Korean Investment Disputes Settlement System
• 발행기관: 한국중재학회
• 저자명: 오현석(Hyun-suk Oh)
• 간행물 정보: 『중재연구』 제29권 제2호, 3~34쪽, 전체 32쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2019.05.30

영문 초록

The resumption of economic cooperation between South and the North Korea will be a new growth engine for our economy. Many Korean companies are preparing to invest in North Korea in accordance with the progress of inter-Korean relations. However, there are many risks inherent in inter-Korean economic cooperation, as experienced in previous cases. Specifically, one should be prepared for unfair measures such as the expropriation of investment assets of South Korean enterprises by North Korea authorities. Therefore, it is essential to review the protection measures of investment in North Korea and to review the investment dispute settlement system. The South and the North have an agreement to establish the inter-Korean Commercial Arbitration Committee to resolve the disputes that may arise if one party’s investments are lost due to inappropriate or unfair measures due to the other party’s authority. However, the Investment Agreement, which governs the Inter-Korean Commercial Arbitration Committee, contains a number of declarative statements that are somewhat ineffective. Even today, nearly 20 years after the adoption of the Agreement, the specific detailed procedures have shown no real progress, such as in the enactment of arbitration rules. Therefore, at present, it is difficult to expect a system that can effectively address the damage of our corporations which have invested in North Korea. When the assets freeze after the suspension of Kumgang tourism and the closure of the Kaeseung Industrial Complex by North Korea, the activation of the inter-Korean Commercial Arbitration Committee is the most important prerequisite for economic cooperation with North Korea. For this purpose, the resolution of disputes through the Inter-Korean Commercial Arbitration Committee has to be made more concrete, with the effectiveness of the dispute settlement system enhanced by means of various efforts.

목차

Ⅰ. 서론

Ⅱ. 남북투자보장합의서의 법적성격 및 주요 내용

Ⅲ. 남북상사중재위원회를 통한 투자분쟁의 해결

Ⅳ. 남북상사중재위원회에 의한 투자분쟁해결의 문제점 및 개선방안

Ⅴ. 결론

참고문헌

Abstract

키워드

남북투자보장합의서 분쟁해결절차합의서 남북상사중재위원회 투자중재 상사중재 Inter-Korean Commercial Arbitration Committee Inter-Korean InvestmentAgreement Dispute Resolution Procedure Agreement Investment Arbitration