북미관계의 개선이 남북경협에 미치는 영향에 관한 법적 고찰

Abstract

On 11 October 2008, the United States of America (U.S.) removed North Korea from the list of terrorist supporting countries under the U.S. export control regulations. The purpose of this study is to analyse its effects on economic transactions with North Korea, and propose the future tasks for the expansion of economic cooperation between South Korea and North Korea("South-North economic cooperation") after the normalization of diplomatic relationships between North Korea and the United States. For this purpose, this article introduced major contents of export administrations regulations(EAR), the United Nations(U.N.) Security Council Resolutions, and other international rules that might be applied for the trade with and investment in North Korea, and reviewed the effects of the removal of North Korea from the list of terrorist supporting countrie, in terms of export control on strategic items(commodities, software and technology) against North Korea and financial assistance for North Korea. This article pointed out that economic transactions with North Korea would be not so much expanded as expected after the removal of North Korea from the list of terrorist supporting countries. With certain exceptions, a reexport to a country (such as Cuba, Iran, North Korea, Sudan, Syria) designated as a terrorist supporting country is subject to the EAR if the item involved contains greater than 10% controlled U.S. origin content by value. Since North Korea was removed from the list of terrorist supporting countrie on 11 October 2008, foreign-made items incorporating controlled U.S. origin items at 25% or less of the total value of foreign-made items are now not subject to the EAR. However, economic sanctions have been imposed on North Korea under the UN Security Council Resolutions(1540, 1695, 1718), and international rules under the multilateral export control regimes including Wassenaar Arrangement(WA), Nuclear Suppliers Group(NSG), Australia Group(AG), Missile Technology Control Regime(MTCR) have been applied against North Korea even after the removal of North Korea from the list of terrorist supporting countries. Once removed from the list of terrorist supporting countries, North Korea may not be subject to the U.S. financial regulations which forbid to provide financial assistance for terrorist supporting States. Financial assistance available for North Korea by IMF and IBRD may contribute to the economic development of North Korea. It should be noted that Libya could get out of economic sanctions imposed by U.S. and U.N. and carry out economic development successfully, only after Libya gave up the development of the weapons of mass destruction(WMD) programs. If diplomatic relationships between North Korea and U.S. are normalized in the near future, U.S. is expected to initiate the withdrawal of U.N. Resolutions calling upon members to impose economic sanctions on North Korea and is likely to revise national regulations against North Korea. However, if North Korea really wants to use high-technology items and financial resources necessary for its economic development, North Korea must give up the development of WMD programs, declare a policy of non-proliferation, and implement in good faith without delay the agreements adopted at the 6 party talks.