• International Commerce and Information Review
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• v.13 no.1
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• pp.271-298
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• 2011

This paper seeks the proper and efficient operation of Korea's safeguard mechanism by examining the judicial interpretation and application of the safeguard measures under the WTO Safeguard Agreement. The judicial examination is focused on the terms of "unforeseen development" in GAIT XIX, "evaluation of all relevant factors", and "clear justification of measure" in Safeguard Agreement. Such an intensive examination. of the judicial interpretation is used for the comparative analysis of the Korea's domestic provisions to find out problems in operation and the interpretative and legislative responses to them. It is found that the Korea's adaptation of the Safeguard Agreement into the domestic provisions and the operation of such provisions in the practical field have generally been consistent with the WTO's basic principles and provisions. Korea's safeguard mechanisms should stably be operated for securing the proper protection of domestic industry under certain emerging circumstances. For such policy objective to be ensured, it is legislatively required to make additional provisions in line with the appellate body's consistent interpretations of the debating issues including the term of unforeseen development.