개성공단에서의 남한 행정형법 적용 여부에 대한 검토

Abstract

On 19 September 2018, the scene where President Moon Jae-in, who visited North Korea for the Inter-Korean summit, gave a speech in front of 150,000 Pyongyang citizens at the Rungrado May Day stadium in Pyongyang, was an inspiring sight that had never been seen since the division. As he said, our people lived together for 5,000 years and apart for 70 years. The 5,000 years has enough power to overcome the 70 years of division, but the current situation in the Korean peninsula, just two years after the summit, reminds us that division is a matter of reality that cannot be simply overcome by the past. During the past 70 years of division, the laws and systems of the two Koreas have established through different development processes, and there are also considerable differences in the perception and level of the rule of law. Especially, the differences of criminal laws have been a significant source of anxiety in the process of exchange and cooperation, with regard to the guarantee of personal safety. The Kaesong Industrial Complex project is the highest level of exchange and cooperation model that the two Koreas have created so far, but the organization of an inter-Korean Commercial Arbitration Committee to resolve civil disputes has been suspended, and the issue of criminal cases has not taken a step forward after the murder of a South Korean tourist at Mt. Geumgang. In order for inter-Korean relations to make substantial progress without going back to square one, it is necessary to lay the foundation for exchange and cooperation through laws and systems rather than by political compromise and expedient. Although the Kaesong Industrial Complex project is currently suspended, it may resume at any time in accordance with the improvement of inter-Korean relations. Until it resumes, we are given a chance to review laws and systems that were not examined when it was in full operation. Above all, it is urgent to solve the issue of the application of South Korean Administrative criminal law in the Kaesong Industrial Complex, such as Minimum Wage Act, Road Traffic Act, Industrial Accident Compensation Insurance Act, etc. This article looks into the theories on the resolution of conflict between criminal laws of East and West Germany and domestic variety of views at the working level, and then examines the difference of the conclusions about real cases involving violations of administrative law from each point of view. Based on this, the paper aims to review the reasonable application criteria of the South Korean administrative criminal law in the Kaesong Industrial Complex and provide the basis for various efforts in the field of legislation to ensure that the project is carried out more reliably in the future when the Kaesong Industrial Complex resumes.