남북간 인적·물적 교류에서 발생하는 법적 분쟁해결에의 적용법에 관한 연구

Abstract

If dominium and imperium over the Korean peninsular belonged to both South and North Korea, the law of either South or North Korea would apply to the inter-Korean per-sonel and economic exchange and cooperation. However, since South and North Korea have the imperium over their respective sides exclusively, South Korean law is applied to North. Consequently, if a legal dispute arose, it is unclear which of the two sides laws would apply. For example, in the legal relationship betwen private individuals in inter-Korean trade, it is uncertain whether to apply South Koreas or North Koreas private international law, or whether the provisions of 'The Four Economic Corporation Agreement' would apply in the case of private contract between the two Koreas. Therefore, whatever the nature of the inter-Korean personnel and economic exchange and cooperation, it is important to establish a law -"South and North Koreas Quasi-International Private Law"- agreed by both South and North Korea to be applied in case of a dispute.