라선경제무역지대법의 특징과 개선 과제－경제개발구법과 비교를 중심으로－

Abstract

The Rason Special Economic Zone Act (the Rason Act), revised on December 3, 2011, seems to be more detailed and better organized than ‘the Economic Development Zones Law (enacted in 2013)’ as well as past other special zone laws. Especially, the Rason Act is more advanced than the other special zone laws with regard to the development process and methods, the roles and functions of administrative organizations, establishment of enterprises and economic activities, protection of investors and enterprises, preferential treatments, and dispute resolution systems and so on. However, in order to invigorate the Rason Special Economic Zone (SEZ), the relevant legal system needs to be complemented and improved as follows. First, the law and regulations governing the Rason SEZ should be organized based on its hierarchical structure, thereby ensuring coherence and consistency in legal norms. The contents of each category like laws, regulations, detailed enforcement regulations and rules need to be classified based on its normative standard so as not to cause conflicts and contradictions. In addition, to improve transparency and predictability in the process of enacting law and regulations it is required to complement legislative procedure with prior announcement of legislation and the like. Second, the administrative system itself should be rationalized. The autonomy and independence of the administrative board can be fostered by clearly specifying the authority and responsibility of the relevant organizations. Further, the legal system governing the Rason Special Economic Zone needs to be modified to promote the Chinese investors’ investment in the Rason SEZ. Third, the rules and regulations regarding labour contract should contain effective means for protecting the rights of foreign investors and enterprises. The relevant regulations on insurance enrollment should also allow foreign investors to get insurance from other than North Korean companies. In addition, there is a need for establishing speedy procedural rules and personal safety methods in bringing and taking personnel and goods in and out of the Zone. Furthermore, it is desirable to allow South Korean enterprises to be engaged in economic and trade activities within the Rason Zone. Finally, the dispute settlement body and procedures in the Rason SEZ should be effectively improved to alleviate potential foreign investors’ concerns. Arbitration proceedings, as a more plausible tool for resolving the disputes, need to meet the relevant international standards. The dispute resolution process through judicial judgment is also necessary as a final recourse. Creation of professional arbitration committees and a special court, as well as establishment of administration proceedings should be taken into consideration.