Inter-Korean exchange and cooperation, we can say that the most useful measure to improve the relationship North and South Korea, and pursuit mutuality trust establishment and profit. The activation of inter-Korean exchange and cooperation is becoming important case, compare with basic composition of our unification plan. Because, peaceful mutual agreement unification is our doctrine and goal of unification basically the relationship of North and South Korea improvement though reconciliation and cooperation.
The purposes of this study are to grasp the situation of the current statures related to inter-Korean exchange and cooperation, seek for a program for improvement of these statutes by analyzing the cause of changing and legal issues of the related laws according to change of circumstances at this time.
Our government had opened the age of inter-Korean exchange and cooperation by so-called '7·7 Declaration' in 1988, enacted the `The Inter-Korean Exchange and Cooperation Act' in Aug. 1, 1990 to secure the legality of the inter-Korean exchange and cooperation project to take the opportunity of the Declaration.
By series of these activities, the South and North have expanded exchange and cooperation each other. In addition, the inter-Korean exchange and cooperation is actively being realized in the multiple areas as a result of the so-called '6·15 Joint Declaration' agreed in the Inter-Korean Summit Meeting in the year of 2000.
Even if this Act has status of fundamental law headed to peaceful unification, there are some problems to be amended which are attended with insufficiency to system. and contents, too much provisions to delegate or apply, complexity of proceedings for regulation, complicated jurisdiction or duties of affairs, and so on, The direction of improvement would include in the legal principle, consistence or expectancy of policy, and the transparency of the governmental attitude.
'The Inter-Korean Exchange and Cooperation Act' was enacted by South Korea unilaterally by prospecting ' the problems of exchange and cooperation before unification of Korea was fully realized. That is to say, the government formed the basis of inter-Korean exchange and cooperation to be realized within the scope of legal system in South Korea so that secure the related laws and ordinances beside 'The Inter-Korean Exchange and Cooperation Act'.
The result are summarized as follows:
First, about legislations 'The Inter-Korean Exchange and Cooperation Basic Act'. Such as like basic Act inter-Korean exchange and cooperation is urgent. In this content of the basic Act, it should be involved regulation with legislation about investment encouragement and guarantee like as chinese `Taiwan Brethren Investment Protection Act' and Taiwanese below 'Act Governing Relation between Peoples of the Taiwan Area and the Mainland Area' that the legislations exchange of people of the Taiwan area and the Mainland is suggesting.
Second, it is necessary to enact 'The Inter-Korean Economics Exchange and Cooperation Act'(Tentatively Named) like as China and Taiwan for activation of economics exchange cooperation.
Third, it is necessary to establish 'South Korean Resident Investment Protection Law' (Tentatively Named) in North Korea. North Korea should do legalization with investment guarantee about Korean companies like as China and Taiwan residents let South Korean companies to invest feeling at rest for favorable treatment.
Fourth, like as a nonprofit organization - 'The Association for Relations Across Taiwan Straits'(ARATS) of the mainland and the 'Straits Exchange Foundation'(SEF) of Taiwan - establishment between cross-strait our government should establish 'Inter-Korean Exchange and Cooperation Promotion Agency'(Tentatively Named) as a full responsibility instrument which can divide a exchange and cooperation role with a private organization.
Fifth, South and North Korea should be taken up a positive attitude for each kind of a written agreement effectuation of South ＆ North and attachment written agreement conclusion which is for economic cooperation's systematic guarantee.
Sixth, inter-Korean exchange and cooperation in South and North Korea, should be propel continually according to the principle of separation of politics and economics, especially let privates exchange to be active, They should improve inter-Korean exchange and cooperation related Act.
Seventh, 4 written agreement became effective situation which involve in connection with inter-Korean economic cooperation, North Korea is demanded good repair of North Korean domestic Act(Foreigner Investment Law) to improve the investment environment to let South Korean companies to invest feel easily.
Like as above mentioned, the most important thing is, it will be only alternative plan that continuous exchange ＆ cooperation become activation in North and South Korean economics and society and guidance field.
Consequently, the way can develop and create of South and North Korea is to establish the law for supporting North Korean economics renovation and opening. Considering this point, government should prepare for getting into stride of inter-Korean exchange and cooperation. With making a reform measure, should contribute for inter-Korean exchange and Cooperation activation.
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