북한 경제주체와의 CISG 적용에 따른 법적 논점 —북한 무역 관련 법률과의 비교를 중심으로—

First, North Korea's trade-related laws seem to guarantee the principle of contract autonomy, but in reality, it imposes restrictions on supervision and control. Second, North Korea is adhering to the formal requirements of domestic law through a declaration of reservation. Therefore, when concluding a contract with North Korea, it must be concluded in writing. Third, the legal requirements for the concluding a contract are strengthening supervision and control by combining complex requirements such as formalities and approvals in writing. Fourth, exemption from liability in the performance of the contract has the characteristic of being implemented at the national level. Fifth, North Korea intends to implement the country's trade policy by establishing the Central Trade Guidance Agency and the Chamber of Commerce in order to strengthen guidance on trade business and to enforce the national trade policy. Sixth, North Korea includes reasons for breach of contract such as delay in performance, impossibility of performance, incomplete performance, liability for security, and violation of incidental obligations as conditions for contract can- cellation. This is largely the same view as the CISG. Recommendation rules and methods for contract cancellation can be treated as supervisory and control rules. Finally, North Korea states that dispute resolution will be resolved according to the arbitration procedure established by North Korea. However, this purpose is intended to indirectly resolve disputes through North Korea's arbitration laws and procedures.