남북경협 법제도화 방안으로서의 남북한 경제협력강화약정(CEPA) 검토

Corresponding to the denuclearization process carried out through certain stages for a considerable period of time, the resumption of bilateral trade between the two Koreas will surely become a useful negotiating tool for resolving the North Korean nuclear issue at some point in the future. Inter-Korean trade is an area that must be expanded for the future of the Korean Peninsula. However, with the reinforcing of World Trade Organization (WTO) norms, it is difficult to view interKorean trade as an internal problem and there are issues in international trade law that need to be addressed legally and institutionally for smooth inter-Korean trade. To ensure that inter-Korean trade can be protected as one economic bloc within the WTO system, the first task to be pursued is the conclusion of the inter-Korean Closer Economic Partnership Arrangement (CEPA). In the short term, the inter-Korean CEPA can prevent inter-Korean trade from violating the obligation of non-discriminatory treatment under the WTO agreement. In the long term, it can be an important driver for North Korea to reorganize its economic system by establishing an institutional framework that promotes inter-Korean exchanges. Economic cooperation between the two Koreas is a transaction unique to a divided country, and has both the characteristics of intra-ethnic transactions under domestic law and international transactions (Articles 12 and 26 of the Inter-Korean Exchange and Cooperation Act). If interKorean economic cooperation is resumed and the scale of the exchanges expand, other WTO member countries may raise objections on the grounds of violating the most-favored-nation treatment clause and the Agreement on Subsidies and Countervailing Measures (SCMA) regulation. As a way to resolve these problems, we consider (1) a plan to revise the WTO accession protocol, (2) a plan to obtain exemption from WTO obligations, (3) a plan to conclude a preferential trading agreement citing the enabling provisions of developing countries, (4) a plan to conclude an FTA between the two Koreas, and (5) a plan to conclude a CEPA between the two Koreas. In the current international trade law regime, as a way of institutionalizing inter-Korean economic cooperation, the interKorean CEPA agreement in (5) is the most appropriate alternative. This is because CEPA can reflect the special relationship between the two Koreas which is one country, two systems to the inter-Korean economic cooperation system, and because it is a provisional agreement, it can be exempted from fulfilling WTO obligations for a considerable period of time. Wit h t he sig n i n g of t he CEPA , (1) t he t wo Korea s c a n obt a i n international approval for the tariff-free transaction bet ween the two sides, (2) can justify inter-Korean economic cooperation in the multilateral trading system of the WTO in terms of international trade law, and (3) through the reorganization of industries in the two Koreas and expansion of inter-Korean trade, it can create economic benefits for both sides. In addition, (4) if the CEPA acts as a catalyst to change the North Korean economy, the two Koreas can secure support from the international community for political and economic integration led by the two Koreas based on the principle of self-determination. Since the procedure for signing the inter-Korean CEPA and the scope of domestic legal effect will follow the provisions of the Inter-Korean Relations Development Act, the possibility of a conflict between the inter-Korean CEPA and domestic law seems remote. In addition, since the promotion of the inter-Korean CEPA itself is a work to prepare rules for trade and investment which is a prerequisite before the start of specific trade activities, it does not correspond to the types of actions specified by the UN Secu rit y Cou ncil resolutions on Nor th Korea sanctions and the domestic laws related to US sanctions on North Korea. Of course, UN and US sanctions on North Korea must be eased or lifted before the inter-Korean CEPA takes effect and specific trade activities between the two Koreas begin in earnest.