[국제통상]ADR제도를 통한 남북한 상사분쟁 해결방안

A Solution to Commercial Disputes through ADR System between South and North Korea

The features of commercial dispute resolution under the laws of North Korea are "shall be settled through consultation", which is a step to settle disputes amicably between the disputed patties concerned In case of failure in consultation, it shall be settled by arbitration or legal procedures provided by the DPRK. And the third country arbitration is permitted restrictively. To realize the spirit of the South-North Joint Declaration of June 15, 2000, the authorities concerned of South and North Korea have reached agreements to settle commercial disputes as well as to set up a south-north arbitration commission which is becoming a problem of vital importance between south and north Korea. Under the situation, the present writer in furs paper reviewed the settlement mechanism of commercial disputes under DPRK's domestic laws as well as south-north Korea's agreements for settlement of commercial dispute and brought up south-north Korea's cooperative tasks to promote dispute settlement through Alternative Dispute Resolution(ADR).