개성공업지구에서의 경제활동과 관련된 민사분쟁의 사법적 해결방안에 관한 연구 –개성공업지구 현지기업이 당사자인 남남분쟁(南南紛爭)을 중심으로

Abstract

Gaeseong Industrial Complex (GIC), the only place where inter-Korean economic activities continuously take place, contributes not only to easing political tensions on the Korean peninsula but also to laying the foundation for peaceful unification by enhancing inter-Korean exchanges and cooperation. Amid the increasing economic activities in GIC, more diverse and complicated civil disputes between South Korean residents including local companies operating in GIC are occurring, and such disputes need to be quickly and reasonably resolved according to a judicial procedure to ensure the GIC’s stable development. However, there are no applicable laws to address such legal disputes, nor are there judicial resolutions to resolve them. Therefore, it is imperative to set up a appropriate dispute resolution system to resolve such legal disputes in a timely and fair manner. The purpose of this study is to suggest feasible judicial measures to resolve those legal disputes under the current inter-Korean relations. This paper is divided into three parts: (i) examining the constitutional grounds for operating GIC, relevant laws, type of legal disputes, and dispute resolution system; (ii) reviewing the basic direction as to resolving civil disputes between South Korean residents including local companies operating in GIC as well as issues that may arise if such disputes are resolved through South Korea’s judicial procedure; and (iii) suggesting feasible judicial measures to resolve such civil disputes under the current inter-Korean relations. The aforementioned civil disputes cannot but be resolved through South Korea’s judicial procedure when considering the totality of circumstances, such as Articles 3 and 4 of the Constitution of the Republic of Korea, current inter-Korean relations under the constitutional reality, laws pertaining to GIC (e.g., Gaeseong Industrial Complex Support Act), unique traits of GIC, status of local companies operating in GIC, etc. Therefore, South Korea’s legal infrastructure regarding jurisdiction, governing law, and so forth need to be modified, and an organization for supporting judicial proceedings of South Korean courts and instigating compulsory execution need to be set up in GIC. It would be desirable to establish such organization (tentatively named ‘Judicial Support Center’) under the Gaeseong Industrial District Management Committee (GIDMC), which is empowered by South and North Korean laws and is granted de facto status to comprehensively manage GIC.