Analysis and Proposals to the Laws in the Kaesong Industrial Complex: For Better Regulations under New Environments on the Korean Peninsula
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The Kaesong Industrial Complex (KIC) is a symbol of inter-Korean economic cooperation. Although there have been many political challenges, the complex is still expectedto reduce security concerns in the Korean peninsula by providing opportunities forNorth Korea to open doors to international society. In the field of law, the two Koreangovernments recognize the uniqueness of the KIC and have tried to establish legaltools for the complex. The complex is subject to certain inter-Korean agreements aswell as laws and regulations established by the South and the North. The Korean governmentsalso provide many types of support under inter-Korean agreements andnational laws. Almost every South Korean FTA has preferential provisions to recognizeKIC products as originating from South Korea, considering the special andunique relationship between the two Koreas. The laws for the KIC are open to changebased on internal or external influences. To keep the special project running, however,laws need to be in line with principles to avoid political interferences. Better legal solutionscan be found to improve the provisions of inter-Korean, domestic, and FTA lawswith new industrial policies.
Abstract
The Kaesong Industrial Complex (KIC) is a symbol of inter-Korean economic cooperation. Although there have been many political challenges, the complex is still expectedto reduce security concerns in the Korean peninsula by providing opportunities forNorth Korea to open doors to international society. In the field of law, the two Koreangovernments recognize the uniqueness of the KIC and have tried to establish legaltools for the complex. The complex is subject to certain inter-Korean agreements aswell as laws and regulations established by the South and the North. The Korean governmentsalso provide many types of support under inter-Korean agreements andnational laws. Almost every South Korean FTA has preferential provisions to recognizeKIC products as originating from South Korea, considering the special andunique relationship between the two Koreas. The laws for the KIC are open to changebased on internal or external influences. To keep the special project running, however,laws need to be in line with principles to avoid political interferences. Better legal solutionscan be found to improve the provisions of inter-Korean, domestic, and FTA lawswith new industrial policies.
참고문헌 (19)
- Cho, Bong-hyun, "Kaesong Industrial Complex Development and Inter-Korean Relations", KDI Review of the North Korean Economy, 11, pp.3~33 (2011)
- Cho, Bong-hyun, "Korean Peninsula Trust-building Process and the Economic Cooperation", KDI Review of the North Korean Economy, 13, pp.3~26 (2013)
- Cho, Myung-Chul, "Strategies for Promoting Exports of Companies in Gaeseong Industrial Complex" (2005), Korea Institute for International Economy
- Choi, Won Mok, "How to Amend Domestic Laws on the South-North Korean Relationship, Pursuant to the Conclusion of FTAs — Focusing on the Scope of Application Clauses of FTAs and the Issue of Rules of Origin of Products Manufactured in the Kaesong Industrial Complex", Korea Legislation Research Institute, ~ (2008)
- 정상화, "A Prospect for Inter-Korean Economic Development Cooperation: Utilizing ODA to Promote Multilateral Forestation Projects", International Journal of Korean Unification Studies, 21(2), pp.107~133 (2012), 통일연구원
- Jhe, Seong-Ho, "Four Major Agreements on Inter-Korean Economic Cooperation:Legal Measures for Implementation", East Asian Review, 16(4), pp.19~40 (2004)
- Kim, Bongchul, "Lectures on FTAs and RTAs" (2009), Korean Studies Information Co. Ltd
- Kim, Dong-Hoon, "The Legal Issues on the Korea-EU FTA" (2007), Korea Legislation Research Institute
- Kim, Dong-Hoon, "A Study on FTAs of BRICs Countries (1)—A Legal Analysis of Brazil’s FTAs" (2007), Korea Legislation Research Institute
- 김기혁, "개성공업지구 법제 정비 사업의 현황, 의의 및 과제", 법학논집, 10(2), pp.35~52 (2006), 법학연구소
- Kim, Ho Cheol, "Does Annex 22-B of the Proposed United States—Korea Free Trade Agreement Contemplate and Allow for Trade with Respect to North Korea?", Georgetown Journal of International Law, 40, pp.67~97 (2008)
- Knudsen, Daniel J., "North Korea and the Politics of International Trade Law: The Kaesong Industrial Complex and the WTO Rules of Origin", Yale Journal of International Law, 35(1), pp.251~256 (2010)
- Lee, Jang-Hie, "Legal Character and Implementation of the Basic Agreement between South and North Korea", The Korean Journal of International Law, 43(1), pp.227~248 (1998)
- Lee, Keun-Gwan, "On the Legal Character of the Agreement on Reconciliation, Non-Aggression and Exchanges and Cooperation between the South and North", Ilkam Law Review, 4, pp.168~186 (1999)
- 이규창, "개성공업지구 지원에 관한 법률 제정에 따른 몇 가지 문제", 법조, 56(9), pp.323~363 (2007), 법조협회
- Lim, Eul-chul, "Kaesong Industrial Complex: History, Pending Issues, and Outlook" (2006), Haenam
- Imports from North Korea: Existing Rules, Implications of the KORUS FTA, and the Kaesong Industrial Complex, "Manyin, Mark E", The U.S. Congressional Research, 1~16, pp.CRS Report for Congress. The U.S. Congressional Research Service 7-5700 (2011)
- Nam, Sung-wook, "Theory and Practice: Kaesong and Inter-Korean Economic Cooperation", East Asian Review, 13(1), pp.67~88 (2001)
- Yoon, Seok, "An Economic Perspective of Kaesong Industrial Complex in North Korea", American Journal of Applied Sciences, 4(11), pp.938~945 (2007)