경제자유구역의 관리체계에 관한 법적 고찰

Abstract

As with other planned locations, free economic zones are required to prepare legal and institutional devices facilitating continuous management and operation consistent with the purpose even after development and creation. However, since the legal system for free economic zones is centered on the designation and development of the relevant zones, deregulation, and incentives, it is considerably insufficient in terms of traditional management issues, that is, screening qualifications for occupancy or ex post facto management after sale in lots. Free Economic Zone Authority located throughout the country exists as a management agency for free economic zones. However, it is mainly engaged in tasks focused on investment attraction, support for corporates, and task discovery. On the other hand, the management plans are centered on the land utilization plans determined by the development plans or implementation plans. For occupancy management and ex post facto management, no separate regulations are stipulated other than to dispose of the creation sites according to the implementation plans. Therefore, it is inevitable to encounter limitations in performing efficient and systematic management for free economic zones. Nevertheless, in case where the designation of an industrial complex is under consideration according to the outline of the development plans of the free economic zones, it will be possible to apply the management system for both occupancy management and ex post facto management, which is the method for industrial complexes. In order to systematically manage free economic zones, it is primordial to raise awareness of the importance of management legislation. Furthermore, it is necessary to clarify the management system at the legal level. Fundamentally speaking, it is desirable to have separate regulations regarding management. In order to utilize the management system of industrial complexes as a designation under consideration for these complexes, it is essential to ensure consistency with the management system under the Act on Industrial Cluster Development and Factory Establishment. Furthermore, it will be vital to pay attention to how to establish a distinctive management system in line with the locational characteristics of the free economic zones. When it is judged that some areas require some management upon careful reviews of problems in the operation of free economic zones, active measures such as establishment of management plans must be taken. In addition, since the management system through the sale contract has limitations, it is needed to make serious considerations on the management system by way of the occupancy contract even in cases other than the land for industrial facilities.