WTO 한-일 방사능핵종 사건의 주요쟁점에 관한 연구(1)

• 발행기관: 한국무역연구원
• 저자명: 이성형(Sung-Hyoung Lee) 전정기(Cheong-Ghi Chun)
• 간행물 정보: 『무역연구』제15권 제4호, 213~232쪽, 전체 20쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2019.08.30

영문 초록

Purpose - Korea—Radionuclides (Japan) Case concerns Korea’s imposition of import bans and additional testing and certification requirements for radionuclide content following the Fukushima Dai-ichi Nuclear Power Plant accident. Japan challenged Korea’s measures as being inconsistent with provisions of the Sanitary and Phytosanitary (SPS) Agreement relative to: discrimination, more trade restrictive than required, transparency, and SPS approval procedures. The purpose of this study is to review some major legal issue of Korea—Radionuclides (Japan) Case. Design/methodology/approach - This study analyzes the Panel and the Appellate Body report on Korea—Radionuclides (Japan) Case, specifically, some major legal issue involving certain article 2(3), 5(6), 5(7) of the SPS Agreement. Findings - The Panel found that the Korea’s measures were inconsistent with Korea’s obligations under Articles 2(3) and 5(6) of the SPS Agreement and determined that Korea had not shown that these measures fall within the scope of Article 5(7) of the SPS Agreement. But the Appellate Body reversed the Panel’s finding on Article 2(3), 5(6) and 5(7). Research implications or Originality - The Appeal Body’s finding dose not support a conclusion that Korea’s measures are consistent with the SPS Agreement. In preparation for Japanese additional challenge in accordance with change in the situation, this study suggests some legal countermeasures.

목차

Ⅰ. 서론

Ⅱ. 필요 이상의 무역제한적인 조치(SPS협정 Art. 5(6)

Ⅲ. 차별적 조치(SPS협정 Art.

2(3))

Ⅳ. 잠정조치(SPS협정 Art.

5(7))

Ⅴ. 결론

키워드

Agreement on Sanitary and Phytosanitary Measures Fishery Products Import Restriction Measures More Trade-restrictive Than Required,Provisional Measures Radionuclides