濟州特別自治道의 對外交涉 法制

Kim Boo Chan(金富燦) 한국지방자치법학회 2006 지방자치법연구 Vol.6 No.2

Jeju (Province) has striven to be the key region to develop the nation as well as Jeju and improve living condition and social welfare by making Jeju into a competitive and environmentally friendly, Free International City under 「the Special Act on Jeju Free International City」 since 2002. Recently Jeju, Which is establishing itself as a free international city, introduces an advanced self-governing community model based on self-regulation and creativity. Central Government and Jeju Province jointly forwarded the plan to transform Jeju into a special self-governing province in order to promote the free international city project. Jeju (Island) has been also engaged in building an Island of World Peace that can contribute to the construction of a just welfare community and the replacement of cold war relics with peace on the Korean Peninsula and Northeast Asia. The idea of Jeju as an Island of World Peace was proposed mainly by the academia and civil society as a vision and development strategy for a new future of Jeju in the 21st century. It was under these circumstances that in 1999 「the Special Act on Jeju Development.」 was revised, thus providing a legal basis for designating Jeju as an Island of World Peace. This legal rationale was further supported and strengthened in Article 12 of 「the Special Act on Jeju Free International City」. 「The Special Act on the Establishment of Jeju Special Self-governing Province and the Creation of Free International City」(hereinafter cited as Special Act ) was passed by the National Assembly and became effective on July 1, 2006. Accordingly Jeju Province could obtain a special legal status as the Special Self-governing Province and the Central Government s affairs and authority were drastically transferred to Jeju Special Self-governing Province. But, there is no quasi-governmental authority and special legal institutions in the Special Act for the Jeju Special Self-governing Province to make an external relations for inducing foreign capital and promoting peaceful cooperation with other foreign local entities. An effective execution of the projects for Jeju Free International City and Island of World Peace would require more strong and systematic approach to build up the legislative, administrative and financial foundation including a diplomatic competence for mutual cooperation and division of roles and responsibilities by the central Government, Jeju Special Self-governing Province and other non-State actors.

The Establishment of the International Financial Center (IFC) in Jeju Free International City

Heonkyu JEONG, Hyo KIM, Yong-Bok CHOI, Mun-Sub CHUNG 제주대학교 관광과경영경제연구소 2020 산경논집 Vol.40 No.3

Purpose: Jeju Free International City is growing around the tourism industry. However, for Jeju Free International City to grow in line with the concept of free international city, it is necessary to move away from the current industrial structure that is focused on the tourism industry. It is necessary to reorganize the industrial structure centered on the financial industry in the long term, and for this, it is necessary to develop interest and fostering the financial industry within Jeju Special Self-Governing Province. This study intends to reconsider the necessity through the academic approach to fostering the financial industry in Jeju Free International City, which has been planned from the policy perspective. To this end, this study empirically analyzed the factors necessary to build the foundation for fostering the financial industry in Jeju Free International City. The purpose of this study is to examine the necessity for the establishment of an international financial center in Jeju and to derive the necessity for each factor through analysis of sub-factors necessary for the establishment of an international financial center in Jeju. Research design, data and methodology: This study carried out IPMA for analysis of components for fostering the financial industry. Through IPMA, this study identified priorities for the need for configuration factors and sub-factors. In addition, the thesis further performed a cross-group comparison. Result: The analysis confirmed that the factors in the living environment are the highest priority. It also confirmed that the priority of institutional policy factors and infra-facility factors is high. This study found that financial and non-financial employees differed in the priorities of factors in the comparison analysis between groups. This study also confirmed that Jeju residents and non-Jeju residents have distinct differences in the priorities of factors. Conclusion: Through this study, factors necessary for Jeju Free International City were identified. In addition, it was confirmed that there was a clear difference between the factors necessary for Jeju residents and non-Jeju residents. In the future, it is necessary to seriously consider these differences in the decision on whether to introduce, how to introduce, and priorities in the introduction of international financial center.

제주국제자유도시 국제중재센터 설립방안

김상찬 ( Sang Chan Kim ),강나루 ( Na Ru Kang ) 제주대학교 법과정책연구원 2012 法과 政策 Vol.18 No.2

This paper aims to stress the need of establishing the international arbitration center of Jeju Free International City (hereinafter called ``Jeju International Arbitration Center``, JIAC) of Jeju Free International City, and to provide its establishment model. For this, it is diagnosing the possibility of its establishment by analyzing four factors including strengths, weaknesses, opportunities and threats in the case of establishing Jeju International Arbitration Center after examining the present situations of international arbitration centers home and abroad, first of all. Jeju is located in the geopolitically key point of Northeast Asia, and domestic and foreign organizations are constantly investing in it through building Free International City. And recently, it won a triple crown in the UNESCO natural science area including being designated as a UNESCO World Natural Heritage Site, Biosphere Reserve, and accreditation of Global Geopark along with the project of ``Island of World Peace``, and it was designated as ``the 7 top natural wonders of the world`` etc., which has increasingly made it very famous globally. And in addition, it has been emphasized as a hub of the global cultural and tourist industry including holding World Conservation Congress in September, 2012 etc. Jeju`s geopolitical conditions, clean accommodations, English-friendly environment characteristics, environment to allow free arrival and departure with no-visa entry and so forth will serve as positive factors to build the International Arbitration Center in Jeju Free International City, and the establishment of the International Arbitration Center can be work as an infrastructure of environment to attract investment in Jeju Free International City. This paper is arguing the following arguments in relation to Jeju International Arbitration Center which will be constructed in the future: First, an international arbitration center should be pursued, which is equipped with expertise and professionalism in relation to specific areas. Second, international arbitration specialists should be cultivated in connection with the law school system. Third, the government and local autonomous entities should provide active support institutionally and financially. Fourth, for the establishment model, a form of corporation Jeju International Arbitration Center is desirable. This article is mainly diagnosing the need and possibility of establishing Jeju International Arbitration Center, and the future studies are to be made further in relation to the process of establishing the center and detailed operation methods after its establishment etc.

제주특별자치도의 의의 및 자치입법권에 관한 고찰

김부찬(Kim Boo Chan) 한국지방자치법학회 2006 지방자치법연구 Vol.6 No.1

Jeju has striven to be the key region to develop the nation as well as Jeju and improve living condition and social welfare by making Jeju into a competitive and environmentally friendly, free international city under the Special Act on Jeju Free International City since 2002. Recently Jeju, which is establishing itself as a free international city, introduces an advanced self-governing community model based on self-regulation and creativity. Central Government and Jeju Province jointly forward the plan to transform Jeju into a special self-governing province in order to promote the free international city project. 「Special Act on the Establishment of Jeju Special Self-governing Province and the Creation of Free International City」(hereinafter cited as Special Act ) was already passed by the National Assembly and becomes effective on July 1, 2006. Accordingly the Central Government s affairs and authority will be drastically transferred to Jeju special self-governing province and the scope of the mandate to Ordinance of Jeju shall be enlarged sufficient to regulate the self-governing affairs. But the scope and level of the self-lawmaking power of Jeju special self-governing province in Special Act would not meet our expectations. Therefore, to allow a large amount of self-government power, to promote key industries, and to enhance industry infrastructure and conditions in Jeju special self-governing province(free international city), the self-government power including self-lawmaking power of Jeju special self-governing province should be enlarged and reinforced to remove the restrictions of the Local Government Act , the Local Taxes Act and so on.

제주특별자치도에 연방제 수준의 자치권을 부여하는 헌법개정방안

홍완식 ( Hong Wan-sik ) 건국대학교 법학연구소 2017 一鑑法學 Vol.0 No.38

제주특별자치도의 법적 위상을 확고히 하기 위해서는 법률적 근거만으로는 부족하고 헌법적 근거를 마련하는 것이 필요하다. 제주특별자치도의 헌법적 근거를 마련함에 있어서는 지금까지의 논의를 뛰어 넘는 혁신적인 사고가 필요하다고 본다. 즉, 헌법적 근거를 마련하는 경우에도 어떠한 정도와 내용의 자치권을 제주특별자치도에 부여하는지가 관건이다. 초기의 구상대로 제주도를 ‘자유국제도시’로 만들려면 자치권 정도가 아니라, 한 국가에 준하는 정도의 독립성에 준하는 권한을 부여하는 것을 검토할 필요가 있다고 본다. 기존에도 이미 논의가 있었지만 헌법적 근거를 마련하는 여러 방안 중에서 가장 높은 정도의 자치권을 부여하는 방안은 제주특별자치도에 연방제 수준의 고도의 자치권을 부여하는 방안이다. 국방·외교·통일·화폐·사법 등의 근간이 되는 분야를 제외하고는 모든 것을 제주특별자치도 스스로 결정할 수 있도록 광범위한 자치입법권을 부여한다는 내용이 해당 헌법규정에 명시되어야 할 것이다. “제주특별자치도 설치 및 국제자유도시 조성을 위한 특별법”의 명칭도 획기적으로 변경할 수 있다고 본다. 형식이 실질을 지배하는 경우가 있기 때문에, 법률의 명칭부터 변경하고 법률의 내용도 획기적인 자치권을 보장할 필요가 있다고 본다. 즉, “제주특별자치도 설치 및 국제자유도시 조성을 위한 특별법”을 “제주특별자치도 기본법”으로 변경하고 그에 상응하는 내용을 규정하는 것은 어떤가 한다. 형식 및 효력상 ‘기본법’은 법률과 동일한 효력을 가지는 것으로 해석될 수 밖에 없지만, 실질과 내용상 ‘기본법’은 관련 법률의 체계를 형성해주는 의미를 지닌다.¹⁾ ‘기본법’의 용례는 홍콩의 사례도 있고 독일의 사례도 있기에, 현재의 “제주특별자치도 설치 및 국제자유도시 조성을 위한 특별법”이라는 명칭보다는 개선된 것이 아닌가 생각한다. 이처럼 법률의 제·개정과 조례의 개정이 필요하지만, 헌법적 근거를 갖추는 것이 다른 지방자치단체와의 형평성 시비나 고도의 자치권 부여를 위한 정당성 확보에 큰 도움이 된다고 본다. 이처럼 제주특별자치도는 ‘입법적 특별자치’에서 ‘입헌적 특별자치’로 한 단계 격상되는 것이 바람직하다. 제주에 자치권을 부여하고자 하는 결단이 있다면, 자치의 권한과 내용은 연방을 허용하는 정도의 획기적인 수준으로 하여, 세계적인 관심과 주목을 끄는 정도의 자치도로 만들기를 제안하는 것이다. 제주도를 특별자치지역으로 만들기 위하여 전술한 바와 같은 포르투갈이나 이탈리아 등의 비교헌법적 사례를 검토하는 것에서 나아가, 제주특별자치도가 여러 외국에 벤치마킹이 될 수 있는 자치의 모범적인 사례가 될 수 있도록 해보자는 것이다. In 2006, “The Special Act on the Establishment of Jeju Special Self-Governing Province and the development of free international city” is enacted and Jeju Special Self-Governing Province is established. The purpose of the Jeju International City Act is to contribute to national development by establishing Jeju Special Self-Governing Province and guaranteeing substantial devolution to its local government in order to make the most of the geographical, historical, and cultural traits of its preceding local government, Jeju-do, with highly secured self-governing power based on self-regulation, accountability, creativity, and diversity; and also by developing Jeju-do into a free international city through extensive relaxation of administrative regulation and application of international standards. The free international city means a regional unit wherein regulation will be relaxed and international standards will be applied in order to ensure the international movement of people, commodities and capital as well as convenience in business activities to the maximum extent. According to the Act, the State shall take legislative and administrative actions including the continuous amendment of the relevant statutes as may be required for guaranteeing the autonomy of Jeju Special Self-Governing Province and the successful development as a free international city. But according to the 10 year experience, the Jeju International City Act is not enough to guarantee the autonomy of ‘the Jeju Special Self-Governing Province’. The autonomy of ‘the Jeju Special Self-Governing Province’ or the general self-governing province shall be written in the Korean Constitution by the constitutional revision.

제주의 미래비전과 방책 찾기: 제주국제자유도시와 생태평화의 섬을 중심으로

양길현 ( Gil Hyun Yang ) 조선대학교 동북아연구소 2015 동북아연구 Vol.30 No.1

Jeju has spent the last 10 years making suggestions and trying to implement new visions and policies for the future of Jeju. These are: Jeju Free International City, in 2002, Jeju Island of World Peace, in 2005, Jeju Special Self-Governing Province, in 2006, and Jeju World Environmental Hub, in 2007. While these are seeking for visions that are challenging, dramatic and future-oriented, they are movements that undertake contradictive goals, for example, democracy, peace, well-being, ecology, and prosperity on the multiple space of East Asia-Korean Peninsula-South Korea-Jeju Island. These visions are pursued with sincere but fierce debate on the perspectives, feasibilities, and methods. There are a lot of trials and errors, followed by upgraded reflection as well as alternatives put forward by the Jeju residents. This article is an attempt to tap into the feasibility of new and transformative vision of future Jeju while reflectively examining the last 10 years`` performance and awareness of the Jeju people. This relies on the participation and responsiveness of Jeju``s grassroots for measuring the outcomes of official visions as well as exploring the possibility of alternative visions of Jeju since any visions would doom to fail unless the supports of grassroots were mobilized. The article concludes that Jeju is sailing towards the future as an ``Island of Eco-Peace,`` in which a lot of social-economical-ecological problems of poverty, discrimination, repressiveness, pollution, etc. will be tackled, reduced and resolved under the flag of grassroots democracy and social economy.

제주특별자치도의 경제활성화를 위한 세제개편방안

최성근(Choi Seong Keun) 한국지방자치법학회 2007 지방자치법연구 Vol.7 No.3

The Special Act on Establishing the Jeju Special Self-governing Province and Preparing the International Free City was enacted to endow the Jeju Province with a high level of self-governing authority and make it a international free city. This Special Act was promulgated on Feb. 21st 2006 and enforced on July 1st same year, therefore the Jeju Special Self-governing Province was established. This Special Act turns over a significant portion of central government s affairs to the Jeju Province and expands its power of making ordinances for the high level of self-governing authority. And for the preparation and development of a international free city, this Special Act provides the Jeju Province considerable deregulation, financial supports and tax incentives. The Jeju Special Self-governing Province needs much investment for preparing and developing the Jeju International Free City. And tax incentives are very important to invite much investment at home and abroad. Therefore this Special Act and the Restriction of Special Taxation Act allows various exemptions or reductions in national taxes and local taxes. Furthermore this Special Act gives the Jeju Special Self-governing Province the larger power of tax legislation than other local government. In this paper, firstly, details of tax exemptions or reductions in this Special Act and the Restriction of Special Taxation Act will be analysed. Secondly, tax incentive systems for attracting the domestic and foreign investment of Hong Kong and Singapore will be introduced. Lastly, improvement measures on the tax incentive system for the investment of the Jeju Special Self-governing Province will be reviewed.

「제주특별자치도 설치 및 국제자유도시 조성을 위한 특별법」(법률 제10701호, 2011.5.23 일부개정) 중 고등교육법 특례조항 시행에 관한 연구

박재윤 ( Jae Youn Park ),박찬주 ( Chan Joo Park ) 대한교육법학회 2012 교육법학연구 Vol.24 No.2

The purpose of 「the Special Act on the Establishment of Jeju Special Self-Governing Province And The Development of Free International City」 is to contribute to the overall development of the nation: By establishing Jeju Self-Governing Province and guaranteeing the substantial devolution to its local government with highly secured self-governing power based on self-regulation, accountability, creativity, and diversity; and also by developing Jeju into a free international city through extensive relaxation of administrative regulation and application of international standards(Article 1). The Act was revised May 23, 2011 which includes many clauses for transferring of power of the Minister of Education, Science and Technology to Governor of Jeju. In the education sector the act transferred the power of Minister related to the Higher Education Act, Private School Act, to Governor. This paper examined how the Jeju Province implements successfully this Act focusing on the clauses applied to 「Higher Education Act」. Especially what policies should be established, what kinds of bylaws should be made and what organizations should be made for implementation of the Act. The State shall prepare plans and policies as may be required for the successful completion of devolution on Jeju Self-Governing Special Act. We except that this paper will contribute to understand the Act and policies on Jeju Free International Free City.

Language learning and Identity construction

김미선 세계섬학회 2015 World Environment and Island Studies Vol.5 No.2

The Jeju global education city project has been implemented from 2008 to enhance English education competitiveness in Daejeong-eup, Seogwipo-si, Jeju. The opening of this city will effectively mark Seogwipo’s rebirth as a world-renowned destination for English education. Jeju has been planning to provide top quality educational services in Korea by means of attracting world-prestigious organizations from elementary school to universities since Korea has seen a lot of money flowing out of Korea for studying abroad. This project shows Korean government’s desire to absorb those students who want to study overseas for their English education and to transform Jeju into an English educational hub in the northeast Asia by recruiting students from China, Japan, and the rest of Asia. In addition, there has been a sharp increase in the number of tourists in Jeju, so the significance of English education cannot be overemphasized. There have been extensive researches on linguistic outcomes, while little attention has been paid on non-linguistic outcomes of English learning experiences in Jeju. Therefore, Jeju, in which rapid socio-cultural changes are occurring and the global education city project is implemented, is the proper place to investigate non-linguistic outcomes such as English language learners’ identities.

제주의 통합비전, 생명평화의 섬과 제주특별법의 미래

신용인 ( Yong In Shin ) 제주대학교 법과정책연구원 2013 法과 政策 Vol.19 No.2

Today, Jeju is facing the general crisis such as damaging the natural environment, community conflict, deteriorating the quality of life. The reason is that there is no correct vision in Jeju. Jeju visions like free international city, island of world peace, world environmental hub, Jeju special self-governing province are contradictory to each other and have several limits. So we need new vision which would put Jeju`s own history and culture, geopolitical area, beautiful natural environment well in it, and lead the change of paradigm. I would look into the evolutionary process of Jeju special law, and examine several Jeju visions critically, then, I would propose island of life peace, Jeju as a new vision, and ⅰ) the completion of Jeju special self-governing provinceas, ⅱ) the designation as island of natural healing, ⅲ) the development of international peace city as three goals, and ssiol network as a foundation. We need to establish the special law on the realization of the island of life peace, Jeju and the master plan on the island of life peace, Jeju to fulfill a new vision, three goals, a foundation.