남북한 상사분쟁 해결기구의 설립과 운영

Establishment and Management of Dispute-Settlement Organization between south and north Korea

Recently, the competent authorities of the South and the North of Korea have reached an agreement to set up an arbitral organization called 「South-North Commercial Arbitration Commission」, which is to realize the spirit of the South-North Joint Declaration of June 15, 2000 made by President Kim Dae Jung and National Defense Committee Chairman Kim Jong Il. So, a variety means of dispute settlement including friendly consultations, conciliation and arbitration called Alternative Dispute Resolution(ADR) will be used frequently and institutionally to settle commercial disputes and conflicts arising from commercial transactions between south and north Korea. Under circumstances, it is becoming a problem of vital importance how to manage and control the Commission for prompt and effective settlement of south-north commercial disputes. First of all, south and north Korea should recognize that the availability of prompt, effective and economical means of dispute resolution such as arbitration and conciliation to be made by the Commission would promote the orderly growth and encouragement of south-north trade and investment. At the same time, the Korean Commercial Arbitration Board(KCAB) should be designated as the arbitral organization officially on south Korean side in consideration that the KCAB is the only authorized institution in South Korea as well as statutorily empowered to settle any kind of commercial disputes at home and abroad.