개성공단 가동중지로 본 법제도 보완방안 고찰

Abstract

Political logic tends to precede rather than the legal and economic logic in inter-Korean relations. Legal scholars have been claiming the construction of dispute resolution system in the Kaesong Industrial Complex(KIC). However, it has not fully established yet, the machines has stopped in the KIC. Although a day after the fair, this paper claims to establish an effective dispute resolution system for the development and normalization of the KIC. Three systems of the KIC are studied in this paper; access, labor management and dispute resolution system. And this paper deals with the illegality of the North Korean government that provided the cause of the shutdown of the KIC’s machines. And it reviews how to ask for their responsibility for this. This paper points out the lack of systems asking for North Korean authorities’s responsibility, and presents the way to complement their system. In order to ensure the effectiveness of the dispute resolution system in the GIC, several suggestions are proposed. The first, organization and operation of North-South commercial arbitration committee is required as soon as possible. The secend, the resolution by arbitration agency of a third country or international organization (ICSID, etc.) is required. The third, the installation of the special Court in the KIC is proposed.