대북 투자보호의 실효성 제고 방안에 대한 고찰

• 영문명: A Study on the Effectiveness of Investment Protection in North Korea
• 발행기관: 한국중재학회
• 저자명: 오현석
• 간행물 정보: 『중재연구』제33권 제2호, 53~83쪽, 전체 31쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2023.06.30

영문 초록

The investment agreement prepared at the beginning of inter-Korean economic cooperation in 2000 can be evaluated as very ineffective as a product of mutual political and diplomatic compromise rather than an effective protection for our investment assets. South Korean companies suffered a lot of losses due to the freezing of assets in the Geumgang mountain district and the closure of the Kaeseung Industrial Complex, but they did not receive practical damage relief due to institutional vulnerabilities. Currently, North Korea is under international economic sanctions of the UN Security Council, so it is true that the resumption of inter-Korean economic cooperation is far away, but North Korea's human resources and geographical location are still attractive investment destinations for us. Therefore, if strained relations between the two Koreas recover in the future and international economic sanctions on North Korea are eased, Korean companies' investment in North Korea will resume. However, the previous inter-Korean investment agreement system was a fictional system that was ineffective. Therefore, if these safety devices are not reorganized when economic cooperation resumes, unfair damage to Korean companies will be repeated again. The core of the improved investment guarantee system is not a bilateral system between the two Koreas, but the establishment of a multilateral system through North Korea's inclusion in the international economy. Specifically, it includes encouraging North Korea to join international agreements for the execution of arbitration decisions, securing subrogation rights through membership of international insurance groups such as MIGA, creating matching funds by international financial organizations. Through this new approach, it will be possible to improve the safety of Korean companies' investment in North Korea, and ultimately, it will be necessary to lay the foundation for mutual development through economic cooperation between the two Koreas.

목차

Ⅰ. 서론

Ⅱ. 북한 투자보장 시스템의 도입 및 주요 내용 분석

Ⅲ. 투자보장 시스템에 대한 평가 및 구제절차의 한계

Ⅳ. 투자보장의 실효성 제고를 위한 방안

Ⅴ. 결론

참고문헌

키워드

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