성장동력(成長動力)을 위한 신산업정책(新産業政策)의 법제개혁(法制改革) 연구 = The Study of Legislative Reform of New Industrial Policy for A Growth Engines

다국어 초록 (Multilingual Abstract)

The model of economic development of Korea has been a criteria for economic growth of almost developing countries in the world so far. In particular, the legal culture, which are the nepotism and Guanxi of Confucianism and ‘social morality prior to law’, has been influenced with Korean people by the late of 1990s. In contrast, our courts have confronted with an increasement of civil litigations in due to small claim action since 2000 year, and domestic firms` both foreign direct investment and resource development have led to increase the patent litigations against foreign parties related with exploring their offshore markets. In particular, if domestic firms misunderstand their legal cultures which they have any dispute with natives or local government on relating foreign investing business, those misconception of local legal culture can bring about the higher risk of investment rather than the economic risk of foreign exchange fluctuation In recent government, the important task of industrial policy has been focused on the developing the foreign resource, exporting, and investing of the ‘Goods of Infra-system’. This has a peculiar legal characteristic that the complex industrial goods included a professional human capital, complex services, and patent technology in present. In other words, both an investment and export of that goods need to provide the project financing at least. In this time, those attitudes of officials and government, however, has unripened carrying on the technological goods so far. Because the conventional bureaucratism can not cope with malfunction of governmental rent-seeking tendency, we should establish “the Development Authority for Foreign Resource & Investment of Semi-official Organization” which will bring to corresponding solving problems for communication as an administrative organization of Post-Bureaucratism.