북한 대외경제중재법의 신속중재절차 도입에 따른 남북경협에의 온라인 분쟁 해결(ODR) 도입 검토 = The Possibility of Introducing Online Dispute Resolution (ODR) to Inter-Korean Economic Cooperation Following North Korea’s Adoption of Expedited Procedure in Its Foreign Economic Arbitration Act

다국어 초록 (Multilingual Abstract)

The sustainability of Inter-Korean Economic Cooperation depends on the establishment of a predictable and stable institutional framework for dispute resolution. In this context, North Korea’s 2024 abrogation of all inter-Korean economic cooperation agreements, coupled with its concurrent adoption of an ‘Expedited Procedure’ into its Foreign Economic Arbitration Act, signals a paradigm shift in the resolution of inter-Korean commercial disputes. This study aims to analyze the implications of this institutional evolution in North Korea for the potential introduction of Online Dispute Resolution (ODR), an innovative mechanism that transcends spatial and temporal constraints.
North Korea’s legal codification of ‘expediency’ as a core principle of dispute resolution provides both the logical rationale and the institutional foundation for introducing ODR, the most effective technological means to achieve this objective. To this end, this paper conducts a comparative analysis of North Korea’s Expedited Procedure against those of major international arbitration institutions. It further examines the utility of ODR in the current context, where North Korea’s domestic Foreign Economic Arbitration Act has become the de facto governing law for inter-Korean disputes following the annulment of bilateral agreements.
Moreover, the study offers a detailed examination of the multifaceted constraints and prerequisite conditions for implementing ODR. These include the limitations of technological infrastructure, challenges related to the legal validity of digital evidence and the mutual enforcement of arbitral awards, as well as the profound deficit of political trust between the two Koreas. In conclusion, this research posits that North Korea’s adoption of the Expedited Procedure presents a critical juncture to advance the discourse on ODR as an infrastructure of trust for inter-Korean relations. Accordingly, it proposes a phased implementation strategy, including the utilization of third-country institutions and concrete technical and legal integration measures, as a viable path forward.