With the enactment of the Equity Joint Venture Law in 1984 and Foreign Investment Law, the Contractual Joint Venture Law and Foreign Enterprise Law in 1992, North Korea has been continuing with its effort to attract foreign investment in North Korea. ...
With the enactment of the Equity Joint Venture Law in 1984 and Foreign Investment Law, the Contractual Joint Venture Law and Foreign Enterprise Law in 1992, North Korea has been continuing with its effort to attract foreign investment in North Korea. North Korea's effort in this regard, however, has proved to be unsuccessful, and this paper starts from the question as to why this has been the case.
In order for a foreign investment policy to be successful, there must be reliable foreign investment related laws and regulations and certain economic environment where foreign enterprises may earn profits. This dissertation analyzes certain changes in North Korea’s foreign investment related laws and regulations and makes certain suggestion for successful foreign investment policies.
This dissertation examines the characteristics and changes in the Foreign Investment Law of North Korea, which is the basic law for foreign investment in North Korea. The Foreign Investment Law, as the basic law seeking to implement foreign investment policy codified in North Korea's Constitution, sets forth provisions relating to permissible types of corporate entities, lease of land parcels, employment, tax incentives, protection of invested properties, dispute settlement and other basic rights, while more detailed regulations are separately provided under other applicable laws and regulations. By comparing three amendments to the Foreign Investment Law occurred to date, this dissertation confirms the diversity in investment types and methods, and that the changes in law are in the direction of protecting management rights of foreign investors.
This dissertation examines the development of foreign investment law classified into six phases. It examines issues regarding its external relationships, inter-Korean relationships, domestic relationships by period and how applicable circumstances have impacted North Korea’s foreign investment laws. As a result, this dissertation concludes that the North Korea's foreign investment regime stems from its Constitution, followed by the Foreign Investment Law, which laid foundations for establishment of foreign invested enterprises, then by laws and regulations on land leases and taxes, and finally by other laws and regulations seeking to support the foreign invested enterprises.
In order to conduct comparative studies, this dissertation selects other socialist regimes such as China and Vietnam, and how the applicable laws and regulations of these countries have evolved. These countries sought to introduce foreign investment related regimes at the time they were faced with severe difficulties due to the failure of their national policies, and actively amended their foreign investment regime at an early stage. The success by these two countries was attributable to the introduction of the socialist market economy system, which was also codified in their Constitutions. As their policies proved to be successful, the policies of these two countries have evolved from simply providing preferential programs to effectively managing their foreign investment.
Based on reviewing the periodic changes in North Korea's legal regimes and case studies on China and Vietnam, this dissertation attempts to find certain principles on which such changes have occurred. Statistical data in this dissertation show that North Economy has failed, and that the reasons for such failure stem from certain inherent, structural problems. Deviating from the negative perception that foreign investment is a means to exploit North Korea by imperialists will be necessary to reinforce that foreign investment is for the benefit of North Korea. This dissertation concludes that North Korea will need to attract foreign investment gradually, in view of lack of experience and short history in dealing with foreign investment. Under North Korea's legal system, requisite changes should occur at its Constitution first, followed by the Foreign Investment Law, and then other laws and regulations governing formation, operation and support of foreign invested enterprises. Also, the changes should relate to diversification of foreign investment and geographical areas, establishment of clear procedures as well as incentive programs. Finally this dissertation provides certain prospects of North Korea's foreign investment policies and proposes certain changes to Foreign Investment Law, which North Korea will hopefully review when North Korea decides to change its policies in the future.