개성공업지구 현지기업과 투자기업의 관계 - 남한주민과 개성공업지구 투자기업 사이의 분쟁사례를 중심으로 -

Abstract

It has been five years since the Gaeseong Industrial Complex (“GIC”) Project, a symbol of mutual benefits and common prosperity between the North and the South, was completely suspended. In order to resume the GIC project, which was evaluated as successful one despite various problems, in addition to political and diplomatic resolution, legal improvement are needed. Among the various lawsuits related to the GIC, this article examines the legal nature of local companies and the relationship between local companies and investment companies, focusing on civil disputes filed by South Koreans who have done business with local companies against investment companies. In the “Act on Support for GIC,” the term ‘local company’ is used not only for companies established in the form of a company within the GIC, but also for those established in the form of branches, sales offices, and offices. In practice, a local company, a subsidiary established in the form of a joint stock company, is referred to as a ‘Gaeseong branch’ and an investment company, which is a parent company in South Korea, is referred to as the ‘headquarters.’ It can be misunderstood as being the subject of duty. If a local company is established in the form of a branch, sales office, or office, a legal personality separate from the investment company is not recognized, so South Koreans who have transacted with such a local company can hold an investment company liable for the transaction. However, when a local company is established in the form of a joint stock company, the local company has an independent legal personality separate from the investment company and, in principle, has legal status as a North Korean corporation which cannot be questioned for liability against. Nevertheless, taking into account the legal status of the two Koreas, the specifics of the GIC project, and the relationship between local companies and investment companies, in specific individual cases, the Corporate Entity Disregard Doctrine is more actively applied to deny the legal personality of local companies and to take responsibility for investment companies.