産業被害救濟에 관한 國際規範 硏究

Abstract

The World Trade Organization mainly aims at establishing free and fair trade order among member countries. Fair trade principles are meant to establish fair trade order based on free market competition by correcting trade distortion caused by unfair trade practices such as dumping and export subsidies as well as removing all obstacles to impartial competition. Without securing fair trade order, nations around the world can either hardly expect economic growth nor an increase in national income accompanied by the expansion of free trade. Therefore, the WTO system, there are some norms to restrict unfair trade practices. They cover article 6 of the GATT 1994 and WTO Anti-Dumping Agreement on Tariffs(Anti-Dumping Tariff System), article 16 of the GATT 1994 and WTO Agreement on Subsidies and Countervailing Measures (Countervailing Tariff System), and article 19 of the GATT 1994 and Negotiations on the Agreement on Safeguards of the WTO (Safeguards System). These international norms grant the trading countries rights to save local business victims from market openness as well as free competition encouraged by the WTO system. In other words, they come into play to serve the legal remedy on industrial injury. In the meantime, nations around the world have established and operated domestic legal systems Which concern industrial injury remedy that conforms to the international norms. Especially Korea, which has grown as one of the world's 10 largest economic powers, needs marshal a range of laws more than anything else to remedy industrial injuries caused by import. This study aims at promoting national interests and contributing to the development of international trade law. To this end, it deals with a material and relevant discussion for the the law reform Korea's sophisticated legal systems to remedy industrial injuries caused by import by systematically arranging international norms on which Korea's industrial injury remedy law is based. These study can also enable the companies to overview the international legal systems thus far, relating to their business practice. In order to accomplish its goal, thus study reviews the concept of industrial injury remedy system in chapter 2, and anti-dumping tariff system, countervailing tariff system, safeguards system in chapter 3, 4, and 5 respectively. In chapter 6, it reviews how Korea has enforced International norms on industrial injury remedy and finally, in chapter 7 it comes up with necessary legal and institutional responses to those international norms industrial injury remedy system.