미국 CFIUS의 외국인 투자제한 법적요건 분석

This paper is a study to prepare countermeasures such as strengthening the screening of foreign direct investment, which poses a serious threat to the national interest, such as the increase in investment in Korea by foreign companies and the resulting overseas outflow of high-tech technologies to important infrastructure industries. As a result of a precise analysis of the US CFIUS system for overseas investment restrictions related to national security, the US enacted the Foreign Investment Risk Review Modernization Act (FIRRMA) on November 11, 2018, greatly expanding the scope of US national security. In particular, a legal basis has been established to strengthen the authority to suspend the investment transaction during the investigation and invalidate the closed transaction. Based on this, the scope of review was expanded to include transactions in real estate adjacent to military or sensitive national security facilities, core infrastructure, investments in companies related to core technologies and personal information, investments designed to evade CFIUS screening. Korea also needs to add a corporate acquisition review role to the Foreign Investment Committee, but give it the authority to cancel investment transactions that have been suspended and closed during the investigation.