연구 요약
연구 요지 (AI)
한국의 외국인 투자 유치 제도와 토지 취득 자유화 등을 검토했다.
초록
우리나라의 외국인직접투자 유치정책은 60년대 초의 투자제한단계에서 80년대 중반의 기반조성단계와 90년대의 자유화단계를 거쳐 1997년의 외환위기를 계기로 유치촉진단계로 접어들었다. 특히 정부는 1998년 초 외환위기를 극복하고 성장잠재력을 회복하기 위한 방안으로 외국인투자를 촉진하기 위하여 외국인투자에 관한 각종 규제를 완화 내지 철폐하였고, 같은 해 11월에는 외국인투자촉진법을 제정, 시행하여 투자절차를 개선하고 외국인투자자들에게 제공하는 투자인센티브를 대폭 확충하였다. 예를들면 외국인투자업종을 개방한 것을 비롯하여 적대적 M&A 자유화, 자본시장 및 외환 자유화, 외국인 토지취득 자유화조치를 취하는 한편 조세감면, 국.공유재산 임대 및 임대료 감면과 외국인투자지역 및 외국인기업 전용단지 등을 설정하는등 외국인투자 인센티브를 확대하였다. 뿐만아니라 투자절차를 간소화하고, 외국인투자자 지원기관을 설치하는 등 투자행정지원에도 소홀히 하지 않았다. 정부가 외국인 투자유치를 위한 법적·제도적 장치를 개선·보완함으로써 외환위기를 극복하는 데 크게 기여한 것이 사실이다.
그러나 이제 외환보유고가 1,000억불이 넘는 사상 최대를 기록하고 있는 상황에서 외국인 투자유치정책의 향후과제는 외국인직접투자의 긍정적 효과를 극대화할 수 있도록 첫째, 투자유치 목표와 정책방향을 명확화 할 필요가 있으며 둘째, 지속적 투자환경 개선과 셋째, 투자인센티브제도의 탄력성 제고 그리고 투자자 위주의 유치활동 전개를 위해 더욱 개선 보완해 나가야 할 것이다. The basis of the world economy has rapidly evolved from international transactions involving solely products to one characterized by an equally valuable trade in services and massive capital flows.
Along with the accelerated lowering of customs and non-customs barriers in accordance with the WTO system, global enterprises recognized the necessity of direct investments to develop overseas markets, secure necessary resources, globally utilize production factors, avoid trade barriers and diversify risk. In the meantime, host countries began to understand the need to attract outside investment to increase productivity, create new employment, introduce high-level technologies and advanced managerial skills, and improve the balance of payments.
Korean foreign direct investment promotion policy began with a restriction phase in early 1960s, passed through a foundation-building phase in the mid-1980s, an opening phase in the 1990s, and finally an active promotional phase after the financial crisis of 1997. In particular, in order to promote foreign investment as a means of overcoming the foreign currency crisis and restoring growth in early 1998, the government abolished the various FDI restrictions, and in November of the same year, enacted and implemented the Foreign Investment Promotion Act. This simplified investment procedures and substantially expanded the range of incentives for foreign investors.
For instance, the government liberalized the scope of industry and business categories open to foreign investment, allowed the hostile M&A and land acquisition by foreigners, and fully opened the foreign capital and currency markets. Also, it has augmented foreign investment incentives by reducing or exempting corporate [income] taxes at both the national and local levels, providing reduced or exempted rent or leasing rates for national and public properties, and establishing Foreign Investment Zones and industrial complexes exclusively for foreign companies.
In addition, the government adopted a new investment administrative support system including the simplification of investment procedures and establishment of the Korea Investment Service Center. The Korean foreign investment promotion system under the current Act stipulates the operation of the Foreign Investment Committee as a policy apparatus. The Committee comprises representatives of the Ministry of Finance and Economy, the Ministry of Industry, Commerce and Energy, and related agencies and local governments.
The system's implementation agencies include The Korea Investment Service Center (KISC) and the Office of the Investment Ombudsman within KOTRA and local governments and other agencies. In coordination with each other they contact potential investors and undertake all foreign investment related publicity, promotional activities, implementation procedure support and after-service. In particular, KISC, established within KOTRA in 1998, exclusively handles all foreign investment services.
To wit, it comprehensively performs the support activities of consultation, guidance, publicity, research and provision of administrative services for foreign investors according to clause 1, article 15 of the Foreign Investment Promotion Act. In this respect, KISC undertakes activities such as investment-related publicity, publication of periodicals, holding of investment seminars, dispatching of overseas investment missions and delegations, and organizing investment exhibitions and fairs.
It also executes investment promotion activities such as identifying potential investing companies, receiving and responding to investment inquiries, and providing a red-carpet "from airport arrival to departure" service for potential foreign investors who visit Korea. Furthermore, it provides procedural support such as foreign investment notification, offers on-line consultations via its interactive home page, Cyber KISC and addresses investor grievances through the Office of the Investment Ombudsman. The government's efforts to reform and supplement the legal and institutional systems have greatly contributed to overcoming the foreign currency crisis.
However, the next immediate task of foreign investment promotion policy, having achieved historically high foreign reserves of well over $100 billion, is to continue to improve the system to gain the greatest benefits from foreign direct investment. The following is a summary of suggestions to this end. 1) Clarifying the Direction of FDI Policy through the Harmonization of Goals The biggest challenge in choosing the right direction for Korean foreign investment attraction policy is the ongoing need to meet an annual FDI target. Meeting this goal can conflict with the national industrial policy objectives aimed at developing the national industrial structure according to certain goals.
For instance, it is important to strengthen key industries in the components and materials sectors by attracting small- and medium-sized foreign companies from industrialized countries that possess competitive advanced technologies, even if this would involve only a small amount of investment in volume terms. Or, it may also be important to allow those foreign companies who have advanced techno
발행 정보
2002. 경희대학교 국제법무대학원 국내석사 학위논문