韓國의 輸入에 의한 産業被害救濟制度

Abstract

In case of our country, as a result of pushing for the import liberalization policy through a full-fledged introduction of the international competition since the 1980's, it has reached the import liberalization rate of 98.1 % exalted to the degree of the level of the advanced countries. In abreast of propelling this import liberalization, most countries, under the regulation of GATT, has sought for systematic devices for protecting the domestic industry. They employs the protective means operated after affairs, both by anti-dumping tariff and reciprocal tariff system in case of the unfair trade practice and by the dispensation of emergency importation limitation - the relief system of industrial damage - in case of the fair trade practice. In an effort to positively cope with this change of the economic condition at home and abroad, our country is in a position to rearrange and improve the trade management system on the basis of multilateral trade regulations deviating from the existing importation management system operated before affairs. It is shown that of late, the revision of the oversea trade law and the tariff is reflected on the volition of Government to make an attempt to pursue for the advancement of the trade - related systems. The relief system for the industrial damage, which has been mainly utilized by advanced countries, was introduced by the importation for the first time in 1987, and changed into the system of the advanced countries' mode, which approached to the item 19 of GATT in 1989 and has been maintained till these days. In this study, through a theoretical consideration on the relief for the industrial damage, this researcher investigated what it was and why it was regarded as an important issue, with the change of international trade environment and the necessity to cope with it. In addition, with a research on the method of the relief for industrial damage and its advanced countries' systems for models, I analyzed its present situation in our country in view of its organizations concerned and its procedure, and suggested a systematic complement plan on it after drawing out its problems. There would be no demur about the introduction of the relief system for industrial damage and the necessity of its development. Accordingly, at stake is how we can consider the effectiveness of the relief system for industrial damage. The present relief system for industrial damage can be tinged of a transitional nature for adapting itself to a stream of great change over all sectors of economy - the opening of importation. Many problems are exposed to the methodology of how to deal with industrial damage which can occur at the stage of getting into the advanced country from the developing country: Firstly, there are problerns of dualized affairs since in the affair of industrial damage in our country, the Commerce and Trade Committee is in charge of the safeguard system, whereas the Ministry of Finance takes charge of countervailing duty system and dumping. Secondly, there are problems for complainants to suggest materials and opinions, taking charge of the acceptance to the application for anti-dumping tariff system and judgment of dumping by the Ministry of Finance and of the industrial damage investigation by Korean Trade Commission(KTC) and of the dumping investigation by the Office of Customs Administration. Thirdly, there are problems on the semi-independency of KTC subordinate to the Ministry of Trade and Commerce, in terms of rights such as appointment, budget and personnel. Lastly, KTC, through which the damage judgment and relief measures can be appealed is not specialized in terms of its nature, supporting personnel and budget scale, compared with those of foreign countries. In this regards, the complement measures for these problems are as follows: Firstly, in enforcing the judgment and the investigation into the damage of domestic industry by importation with its relief measures, it is needed that we should heighten its investigation and judgment ability to the extent of the international level by securing and employing the expert manpower in an effort to ensure the objectivity and the rightness without the international trade friction. Secondly, the KTC needs to become a quasi-judicial independent organ as a specialized one capable of investigating and judging the industrial damage. Latly, it is desirable that since the condition for imposing the emergency tariff and the mediation tariff is not only duplicated with the relief system for the domestic industry damage caused by the surge of specific goods under the oversea trade law, but also may be a cause of international trade friction, it should be incorporated into its system.