북한의 개성특구법제에 관한 일반적 고찰

A General Study of the Law on Gae-Seong [開城] Special Zone in North Korea

The purpose of this study is to analyze legal Issues in connection with the Gae-seong special zone in comparison to the Regulations on Special Economic Zones in Guangdong Province and to examine China’s experiences with reference to the special economic zone. Following the enforcement of the ‘July Economic Management Improvement Measures,’ the Gae-seong Industrial Zone was formally designated on November 13 and the "Basic Law on Gae-seong Industrial Zone" was adopted on November 20. These measures are aimed at realizing economic gains and stability of its socialist structure by demonstrating its willingness internally and externally to open its doors to the outside. At the same time, they signified the intention of North Korea to expand inter-Korean exchange and cooperation and improve ties with South Korea. The Gae-seong Industrial Complex in North Korea was designated to make double axes with Mt. Geumgang Tourist Zone for economic recovery in consideration of the standstill of the Rajin-Sunbong Economic Trade Zone and the strand of the ‘Sinuiju Special Administrative Region’. In this Paper, I will prepare an intense study of the Guangdong special economic zone in China, in order to develop economic cooperation and technical exchanges with foreign countries and to promote the socialist modernization programme. The special zones-certain areas will be outlined respectively, within the three cities of Shenzhen, zhuhai and Shantou in Guangdong Province for the establishment of special economic zones-shall encourage investors, including foreign investors, Chinese living abroad, and those residing in Hong Kong and Macao, along with their business. Their purpose will be to open factories and set up enterprises and other establishments with their own investment, or in joint ventures, and protection will be provided to their assets, the profits due them, and their other lawful rights and interests in accordance with the law. While keeping this in mind, matters of its enforcement in connection with the law on Gae-seong special zone in North Korea are as follows:employment of North Korea’s sovereignty in the special zone, safeguard of the status of a business proprietor toward the South Korean citizens, protection of the freedom to do business and the safeguard of the investment assets, safeguard of personal liberty, burden of environmental subsidy, entering and leaving, approval on removing and bringing in the special zone, settlement of disputes, etc. In addition, there are some legal conditions with waiting solutions in order to succeed economic measures in Gae-seong special zone. Moreover, it refers to in the study in more details.