Lectures on Korean ODA Law

Korea has built a reputation for an area of International Development Cooperation and ODA. Since the Korean War starting from the 1950s, international assistance to Korea has transformed into various ways and played a key role to industrialization and widening trade. Along with it, it has also influenced economic development of Korea in the 1970s~'80s.

Korea has been trying to share its experience of economic development to international societies as a donor country from the 2000s. And for an understanding of Korea ODA, we have to look back on international laws and domestic laws related to its activities. This book is to provide the understanding of the various legal aspects in the Korean ODA works to students. This book is comprised of an amount of half-year semester lecture on this issue.

Preface ㆍ 7



Lecture 1. Introduction to the Study and Basic Points of the

'ODA' ㆍ 17



1. The Objectives of the Class ㆍ 17

2. International Development and ODA ㆍ 19

3. Basic Points of the 'ODA' ㆍ 24



Lecture 2. Paradigm of the Development in the International

Society ㆍ 31



1. Prospects of International Development and ODA ㆍ 31

2. New Paradigms for the Development Activities in the International

Society ㆍ 38

3. Other Systems ㆍ 46



Lecture 3. Development Issues and Law, UN ㆍ 53



1. Development Issues and Law ㆍ 53

2. The Bodies in the UN on the Development Issues and the Legal

Basis ㆍ 56

3. Other Organs in the UN for the Development Issues ㆍ 65



Lecture 4. ODA and Trade Issues, WTO ㆍ 71



1. Development Issues and Aid for Trade ㆍ 71

2. The World Trade Organization (WTO) ㆍ 75

3. The SDGs in the WTO ㆍ 81

4. The Law for the Works ㆍ 88



Lecture 5. The Laws on the ODA Works of the OECD ㆍ 101



1. The OECD ㆍ 101

2. The Laws on the ODA Works ㆍ 103

3. DAC in the OECD ㆍ 105

4. The Development and ODA Issues In The OECD/DAC ㆍ 110



Lecture 6. ODA and MDBs ㆍ 119



1. Multinational Development Banks(MDBs) ㆍ 119

2. The World Bank ㆍ 121

3. The IDA (International Development Association) Agreement ㆍ 125



Lecture 7. IBRD, ADB, and AFDB ㆍ 143



1. World Bank ㆍ 143

2. Agreement of the International Bank for Reconstruction and

Development (IBRD) ㆍ 145

3. Asian Development Bank (ADB) ㆍ 151

4. The Structure of the ADB Agreement ㆍ 153

5. The African Development Bank (AfDB) and

Its Related Laws ㆍ 161



Lecture 8. Korean Economy and the ODA ㆍ 167



1. The Korean Economy ㆍ 167

2. The Korean ODA ㆍ 177

3. The Structure of the Korean ODA ㆍ 183



Lecture 9. Korean ODA in the International Society ㆍ 189



1. Korea in the Governing Bodies of the UN ㆍ 189

2. UNESCO in Korea ㆍ 192

3. Korea in the OECD System ㆍ 198

4. The Korean Works in the WTO and the ADB ㆍ 202

5. Other Korean ODA Activities ㆍ 204



Lecture 10. International Law for the

Korean ODA Works ㆍ 215



1. The Mainstream of the International Law for the ODA works in

Korea ㆍ 215

2. The Laws for Korea ODA (International Agreements for the Recipient)

ㆍ 216

3. The Laws for Korean ODA Works ㆍ 221



Lecture 11. Domestic Laws for the Korean ODA ㆍ 233



1. The Main Structure of the Korean ODA Laws ㆍ 233

2. Framework Act on International Development Cooperation

(2010) ㆍ 237

3. KOICA Act and EDCF Act ㆍ 249

4. Other Domestic Laws on the Korean ODA Activities ㆍ 253



Lecture 12. The Law for KOICA ㆍ 261



1. The Korea International Cooperation Agency (KOICA) ㆍ 261

2. The KOICA Act ㆍ 264

3. The Organisation of the KOICA (Article 8-14) ㆍ 266

4. The Works of KOICA ㆍ 270



Lecture 13. The Law for EDCF ㆍ 279



1. The Law for the EDCF Works by Korea Eximbank ㆍ 279

2. The Economic Development Cooperation Fund of Korea ㆍ 284

3. Roles of EDCF - Types and the Procedures under the Act ㆍ 290

4. The Loan Procedure in the Bank ㆍ 291

김봉철 Bongchul Kim is professor in International Economic and Trade Law at Hankuk University of Foreign Studies(HUFS). He holds a Ph.D. in Law at King's College London (University of London) with overseas Research Scholarships (ORS) by the UK government. Professor Kim also holds Bachelor's and Master's degrees in Law at HUFS.