평화경제특구 조성의 실효성 확보를 위한 입법체계 정합성 확립과 상호보완 방안

Abstract

The Special Peace Economic Zone aims to "increase economic exchanges and complementarity between the two Koreas and realize an inter-Korean economic community by designating and operating special peace economic zones in adjacent areas of North Korea." (Article 1 of the Act on the Designation and Operation of Special Peace Economic Zones). The Minister of Unification is given the authority to establish a basic plan for special peace economic zones (Article 6 of the same Act), and the city and provincial governors are allowed to request the Minister of Unification and the Minister of Land, Infrastructure and Transport to designate a special peace economic zone (Article 8 of the same Act). The city and provincial governors are required to designate a development project implementer (Article 15 of the same Act). In particular, in addition to obligations (Article 16 of the same Act), systems (Article 18, 21, 23, 25 of the same Act) and tax and levy reduction systems (Article 26 of the same Act) are implemented to facilitate the implementation of the development project. The law aims to revitalize the special peace economic zone by establishing regulations to support management activities (Articles 28 to 30 of the same Act) for companies moving into and investing in the special peace economic zone. At the central government level, it can be evaluated as a law with a willingness to increase economic exchanges and complementarity between the two Koreas and realize an inter-Korean economic community by actively supporting local governments such as Incheon, Gangwon State, and Gyeonggi-do. In fact, no matter where the special peace economic zone is designated, it is necessary to review whether the development project operator is sufficient to participate in the development project, whether it can serve as an incentive in terms of business feasibility (economy), and whether tenant companies are also sufficient to participate in the special peace economic zone. The key is whether sufficient conditions for participating in the special peace economic zone are guaranteed legally and systematically. This study examines the German case of similar production experience to Korea to achieve the legislative purpose of the Special Peace Economic Zone Act, and is a study of legal and institutional support for the Special Peace Economic Zone Act to work well from the perspective of legislative system consistency.