중국과 대만 양안 간의 경제교류 협력 법제의 특징과 남북경협 법제 확립의 시사점

Abstract

Unlike Korea, cross-strait exchanges between China and Taiwan are pursuing a unification policy based on the principle of ‘One China’ and ‘One Country, Two Systems’ under the leadership of the Chinese government. The characteristics of the cross-strait exchanges and cooperation policy between China and Taiwan are that China’s government-led unification policy, promotion of private economic exchange and cooperation centered on ‘Association for Relations Across the Taiwan Straits’ and ‘Straits Exchange Foundation’ and cross-strait economic cooperation are the important factors in promoting political integration in the medium to long term, which form a complementary cooperative relationship through economic exchanges between Mainland China, Hong Kong, Macao and Taiwan. In addition, China and Taiwan are carrying out various efforts to establish a legislation system for regional economic integration between China and Taiwan while expanding exchanges in various fields such as economy and society. That is to say, (1) institutionalization of cross-strait economic exchanges and cooperation policies between China and Taiwan, (2) establishment of civil and commercial legislation in accordance with China’s reform and opening policy, (3) the legislation of the economic exchanges and cooperation reflecting the practicality of the cross-strait, (4) conclusion of an ‘Economic Cooperation Framework Arrangement (ECFA)’ for cross-strait economic integration between China and Taiwan, and (5) cross-strait commercial and investment dispute settlement system between China and Taiwan. In order to solve the legal problems that may arise in the course of inter-Korean economic cooperation in the future through the above-mentioned characteristics of the legislation for cross-strait economic exchanges and cooperation between China and Taiwan, the following points can be considered: (1) establishment of relevant legislation for human interchange between the two Koreas; (2) the legalization of policy for inter-Korean economic exchanges and cooperation; (3) preparation of legislation for various activations of the Special Economic Zone in North Korea, (4) establishment of follow-up measures for the effectiveness of the South-North Korean commercial and investment dispute settlement system, and (5) necessity of consultation between the two Koreas on judicial assistance.