• 통상정보연구
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• 제9권2호
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• pp.307-325
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• 2007

Examining the standards of review adopted by the dispute settlement body of the WTO in its decision on safeguard measures, the Appellate Body offers no coherent guidance or theory as to the legitimation of the safeguard measures adopted by the domestic authorities. It faults the lack of reasoned and adequate explanation in the national authorities' decision to impose safeguard measures, yet its own explanation of the permissible role for safeguard measure could hardly be less instructive. The Appellate Body has consistently emphasized fidelity to text in its decision but that approach can not work properly when the text is fundamentally deficient from the viewpoints that neither Article XIX nor the safeguard Agreement establish a coherent foundation for safeguard measures due to their vague and abstract provision. Without any coherent theory on guidance as to the legitimation of the safeguard measures, it would be absurd to expect WTO members to produce a reasoned and adequate explanation as to how their safeguard measures are in compliance with the WTO roles. In the absence of a thorough renegotiation for the proper operation of the WTO safeguard system, which seems quite unlikely for the foreseeable future, perhaps the unique method out of the current predicament is for the Appellate Body to lead a movement in establishing a sensible common law of safeguards, drawing on extra-textual guidance including the standards of review about their proper role in the WTO safeguard mechanism.

• 무역상무연구
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• 제22권
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• pp.255-285
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• 2004

After more than 15 years of negotiations, China was finally able to achieve the WTO membership, opening up new trade opportunities for China as well as existing WTO members. China accepted a special safeguard mechanism as one of its WTO- plus commitments. And in response, Korea has since introduced China special safeguard rules, which in simple terms, allows an invocation of safeguard measures against Chinese product imports under more lapse conditions than would normally be allowed under the existing general safeguard rules. China also introduced new safeguard rules in November 2001 in an effort to increase transparency in its operation of safeguard measures. However, the current article contends that the new rules pose a serious threat to free trade in the form of the retaliation provision, which enables China to take unilateral retaliatory actions against safeguard measures on Chinese product imports, It indicates that the provision could be operated in an arbitrary manner as the US Super 301, and lead to infringements of WTO disciplines. This paper indicates that the foregoing elements could lead to mort trade disputes between Korea China regarding safeguard measures and subsequent retaliations on the hills of the so called the Garlic War. The current article goes on to offer policy recommendations toward deterring such disputes. First, it recommends a more active invocation of Korea's own retaliatory provision against China's unilateral actions at least to gain negotiating leverage. Second, it sites problems involving China's still conspicuous state-trading practices, and proposes to raise issues again China to induce more faithful implementation of WTO disciplines Final, it stresses the importance of preventing disputes before they arise, and suggests several specific preventive measures.

• 무역상무연구
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• 제41권
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• pp.237-266
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• 2009

KORUS-FTA are consist of articles 8. In order to the subjects are, application of a safeguard measures, conditions and limitations, provisional measures, compensation, global safeguard actions, definitions, antidumping and countervailing duties, committee on trade remedies. In especially, regarding application of a safeguard measures under KORUS-FTA, if as a result of the reduction or elimination of a customs duty under this agreement, an originating good of the other party is being imported into the territory of a party in such increased quantities, in absolute terms or relative to domestic production, and under such conditions that the imports of such originating good from the other party constitute a substantial cause of serious injury, or threat thereof, to a domestic industry producing a like or directly competitive good, the party may: suspend the further reduction of any rate of customs duty on the good provided for under this agreement; increase the rate of customs duty on the good to a level not to exceed the lesser of: the most-favored-nation (MFN) applied rate of duty on the good in effect at the time the action is taken; and the MFN applied rate of duty on the good in effect on the day immediately preceding the date this Agreement enters into force; or in the case of a customs duty applied to a good on a seasonal basis, increase the rate of duty to a level that, for each season, does not exceed the lesser of: the MFN applied rate of duty on the good in effect for the corresponding season immediately preceding the date of application of the safeguard measure; and the MFN applied rate of duty on the good in effect for the corresponding season immediately preceding the date this agreement enters into force.

• 통상정보연구
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• 제13권1호
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• pp.271-298
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• 2011

본 연구의 목적은 WTO의 세이프가드 협정 하에서의 세이프가드 조치에 대한 사법적 해석과 적용방안을 검토함으로서 한국이 세이프가드 조치를 취함에 있어 적절하고 효율적인 조치의 운용방안을 모색하고자 함에 있다. 이를 위해 우선 세이프가드 조치의 발동 요건 중 수 차례에 걸쳐 논란이 있어 왔던 GATT 제19조의 '예측하지 못한 사태의 발전', 세이프가드 협정에서의 심각한 피해의 판정에 있어 '피해요소의 적정평가' 그리고 '조치의 적정성'의 합치 요건에 초점을 두고 사법적 검토를 수행할 것이다. 그리고 이들 요건과 세이프가드 조치와 관련한 한국의 국내 법규들과의 비교 분석을 통해 세이프가드 조치의 운용에 있어서의 국내의 관련 법규들이 가지는 문제점을 발견하고, 이에 대한 입법적인 대안을 모색하고자 한다. 급박한 상황 하에서 특정 국내 산업의 적절한 보호를 위해서 세이프가드 조치의 사용이 필요한 경우가 있다. 그라나 이는 WTO의 기본 원칙과 조항들에 합치되게 운용되어야 할 것이며, 따라서 세이프가드 조치가 최소한의 법적 정당성을 가지기 위해서는 GATT 제19조를 포함한 세이프가드 협정에 대한 WTO의 해석에 합치하도록 국내의 법규를 개정하고, 이를 반드시 준수하여야 할 것이다.

• 무역학회지
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• 제44권1호
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• pp.177-191
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• 2019

Global trade protectionism has increased further and U.S. priorities and protectionism have strengthened since Trump took office in 2017. Trump administration is actively implementing tariff measures based on U.S. domestic trade laws rather than the WTO rules and regulations. In particular, the American government has recently been imposing high tariffs due to national security and imposing economic sanctions on other countries' imports. According to the U.S. Trade Expansion Act Section 232, the American government imposed additional tariffs on steel and aluminum imports to WTO member countries such as China, India, and EU etc. on march 15, 2018. Thus, this study aims to investigate whether the U.S. Trade Expansion Act Section 232 is consistent with GATT/WTO rules by comparing the legal basis of US / China / WTO regulations related to Section 232 of the U.S. Trade Expansion Act, and gives some suggestions for responding to the Section 232 measure. As the Section 232 measure exceeded the scope of GATT's Security Exceptions regulation and is very likely to be understood as a safeguard measure. If so, the American government is deemed to be in breach of WTO's regulations, such as the most-favored-nation treatment obligations and the duty reduction obligations. In addition, American government is deemed to be failed to meet the conditions of initiation of safeguard measure and violated the procedural requirements such as notification and consultation. In order to respond to these U.S. protection trade measures, all affected countries should actively use the WTO multilateral system to prevent unfair measures. Also, it is necessary to revise the standard jurisdiction of the dispute settlement body and to explore the balance of the WTO Exception clause so that it can be applied strictly. Finally, it would be necessary for Chinese exporters to take a counter-strategy under such trade pressure.

• 통상정보연구
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• 제8권4호
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• pp.209-227
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• 2006

This paper analyse current interpretation of the "causal link" that in particular, focuses principally on the so-called "non-attribution" requirement of Article 4.2(b) of the Safeguards Agreement. The safeguard measures are justified as a temporary economic adjustment to harm that is caused by an increase in imports. The problem with this justification is that there are other kinds of economic forces that may injure domestic industries, such as changes in consumer tastes, government spending or a lack thereof, and economic downturns. These problems do not justify government-imposed remedies. When factors therefore other than increased imports are causing injury to the domestic industry at the same time, such injury shall not be attributed to increased imports. The Appellate Body stressed that a contribution of third-party imports to the existence of serious injury must be sufficiently clear as to establish the existence of the causal link required, it found that Article 4.2(b) does not suggest that increased imports be the sole cause of the serious injury, or that other factors causing injury must be excluded from the determination of serious injury. The interest in separation is to ensure that a measure is not applied to remedy harm not caused by imports, but this basic point assumes that the harm is distinguishable in the first place. It also assumes that the safeguard is designed to respond to harm caused by imports. In fact safeguards were never intended to respond to this kind of unfair trade, but rather to provide whatever emergency relief might assist an ailing domestic industry if imports happened to be a part of that injury. The Appellate Body's insistence in breaking cause and effect down to minutia in the non-attribution analysis seems to be so overly intricate that it conflicts with it's broader focus on evaluating factors that effect harm on the industry as a whole.

• 국제지역연구
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• 제13권1호
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• pp.417-444
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• 2009

2005년 10월 러시아 정부는 한국 시안화나트륨 수입에 대해 세이프가드 조치를 검토하기 시작하였다. 한국측으로서는 양국간 통상마찰 전례가 별로 없었고 WTO 미가입국인 러시아와의 통상협상에서 선진국 등 WTO 가입국과는 이질적인 협상 환경에 놓이게 되었다. 러시아와의 협상에서도 목표의 설정, 협상력의 제고, 정보의 획득, 관계의 개선 등 일반적인 통상협상의 요소들이 적용될 수 있었지만 정보접근의 제약, 제도와 절차의 불확실성이라는 새로운 제약요인이 나타났다. 한국측은 이러한 제약요인을 극복하고 협상력을 제고하기 위하여 정부간 협상을 제의하였고 러시아 수요업계의 협조, WTO규정과 러시아 관련법규의 해석, 수집된 정보의 활용 등을 통해서 러시아측의 시안화나트륨 조사가 기각되는 결과를 유도하였다. 향후 WTO 미가입국과의 통상마찰에 대비하기 위하여 상시적인 정보 수집채널이 구축될 필요성이 있다. 본 연구가 러시아와 유사한 협상 환경을 가진 국가와의 통상협상에서 활용되기를 기대한다.

• Nuclear Engineering and Technology
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• 제40권3호
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• pp.183-190
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• 2008

Pyroprocessing is the optimal means of treating spent metal fuels from metal fast fuel reactors and is proposed as a potential option for GNEP in order to meet the requirements of the next generation fuel cycle. Currently, efforts for research and development are being made not only in the U.S., but also in Asian countries. Electrorefining, cathode processing by distillation, injection casting for fuel fabrication, and waste treatment must be verified by the use of genuine materials, and the engineering scale model of each device must be developed for commercial deployment. Pyroprocessing can be effectively extended to treat oxide fuels by applying an electrochemical reduction, for which various kinds of oxides are examined. A typical morphology change was observed following the electrochemical reduction, while the product composition was estimated through the process flow diagram. The products include much stronger radiation emitter than pure typical LWR Pu or weapon-grade Pu. Nevertheless, institutional measures are unavoidable to ensure proliferation-proof plant operations. The safeguard concept of a pyroprocessing plant was compared with that of a PUREX plant. The pyroprocessing is better adapted for a collocation system positioned with some reactors and a single processing facility rather than for a centralized reprocessing unit with a large scale throughput.

• 정보보호학회논문지
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• 제18권5호
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• pp.161-170
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• 2008

최근 첨단기술과 핵심정보의 불법적인 유출 및 해킹과 바이러스 등으로 인한 피해사례가 계속 증가하고 있으나, 기업에서의 보안사고 방지와 예방체제는 아직도 미흡한 편이다. 대기업을 중심으로 회사의 중요한 정보를 보존하기 위한 장치로써 정보보호관리체계(ISMS)를 도입하여 운영하고 있으나, 기존의 정보보호수준 진단 및 측정 모델은 주로 ISO 27001에 기반을 둔 정보보호정책과 제도의 수립여부, 또는 IT 분야에 초점을 둔 지표 중심으로 평가를 함으로써 기업의 전반적인 보안수준 평가와 보안사고 예방체제 강화에는 부족한 점이 많았다. 본 논문에 소개 된 정보보호수준 측정모델은 기존의 정보보호관리체계는 물론, 정보보호활동의 성과를 정량적으로 평가하여 각종 보안사고의 예방 및 대응방안 수립에 활용 가능하도록 국내외 사례연구와 함께 경영관리기법으로 많이 사용되고 있는 BSC(Balanced Scorecard)를 적용한 실용성에 초점을 맞추어 개발하였다.

• Journal of Information Processing Systems
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• 제11권2호
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• pp.239-247
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• 2015

Cryptography aims at transmitting secure data over an unsecure network in coded version so that only the intended recipient can analyze it. Communication through messages, emails, or various other modes requires high security so as to maintain the confidentiality of the content. This paper deals with IDEA's shortcoming of generating weak keys. If these keys are used for encryption and decryption may result in the easy prediction of ciphertext corresponding to the plaintext. For applying genetic approach, which is well-known optimization technique, to the weak keys, we obtained a definite solution to convert the weaker keys to stronger ones. The chances of generating a weak key in IDEA are very rare, but if it is produced, it could lead to a huge risk of attacks being made on the key, as well as on the information. Hence, measures have been taken to safeguard the key and to ensure the privacy of information.