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학술논문중재연구2007.03 발행KCI 피인용 8

남북상사중재위원회 운영상의 문제점과 활성화방안

Problems and Solutions of Commercial Arbitration Committee of South-North Korea

최석범(중앙대학교); 박근식(중앙대학교); 김재학(중앙대학교); 김태환(중앙대학교); 박선영(중앙대학교)

17권 1호, 157~181쪽

초록

The commercial relationship between South and North Korea is defined under the concept of economic relation and cooperation. To resolve any dispute that can arise from the trade and investment relations between South and North Korea, ‘Agreement on the Procedures to Resolve Commercial Arbitration of South-North Korea’ came into force in August 2003. Commercial Arbitration Committee of South-North Korea will be organized as the member lists of the committee were exchanged in July 2006 between South and North Korea. This committee must become a central system to settle the trade and investment disputes between South and North Korea. North Korea's Foreign Economic Arbitration Act was enacted to provide the foreign investors with the safe measures in their investments such as dispute resolution. But this Act can not dispute the trade and investment disputes between South and North Korea. The purpose of this paper is to contribute to the activation of arbitration between South and North Korea by studying Commercial Arbitration Committee of South-North Korea introduced by Agreement on the Procedures to Resolve Commercial Arbitration of South-North Korea and Agreement on the Construction and Operation of Commercial Arbitration Committee of South-North Korea and finding the problems and solutions of Commercial Arbitration Committee of South-North Korea.

Abstract

The commercial relationship between South and North Korea is defined under the concept of economic relation and cooperation. To resolve any dispute that can arise from the trade and investment relations between South and North Korea, ‘Agreement on the Procedures to Resolve Commercial Arbitration of South-North Korea’ came into force in August 2003. Commercial Arbitration Committee of South-North Korea will be organized as the member lists of the committee were exchanged in July 2006 between South and North Korea. This committee must become a central system to settle the trade and investment disputes between South and North Korea. North Korea's Foreign Economic Arbitration Act was enacted to provide the foreign investors with the safe measures in their investments such as dispute resolution. But this Act can not dispute the trade and investment disputes between South and North Korea. The purpose of this paper is to contribute to the activation of arbitration between South and North Korea by studying Commercial Arbitration Committee of South-North Korea introduced by Agreement on the Procedures to Resolve Commercial Arbitration of South-North Korea and Agreement on the Construction and Operation of Commercial Arbitration Committee of South-North Korea and finding the problems and solutions of Commercial Arbitration Committee of South-North Korea.

발행기관:
한국중재학회
DOI:
http://dx.doi.org/10.16998/jas.2007.17.1.157
분류:
무역학

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남북상사중재위원회 운영상의 문제점과 활성화방안 | 중재연구 2007 | AskLaw | 애스크로 AI