• 식품과학과 산업
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• 제51권3호
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• pp.196-208
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• 2018

This paper described the contents of the WTO (world trade organization) SPS (world trade organization) Agreement and trends in the WTO SPS provisions such as equivalence, localization, transparency, and risk assessment. The purpose of the WTO SPS agreement is to promote international trade by preventing arbitrary and unreasonable use of SPS measures, which are the rights of a country for the protection of human health and animal and plant health, and by abolishing the non-tariff barriers. To this end, the requirements for implementing the SPS measures taken by the importing country are restricted to those that can scientifically prove to be inevitable for SPS protection. The major provisions in WTO SPS agreement were elaborated to promote international trades. When trade-restricted SPS measures such as prohibition of imports are made, a scientific basis should be provided. Therefore, it is essential to provide scientific evidence based on risk analysis to protect people's health from potentially harmful imported foods.

• 통상정보연구
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• 제10권4호
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• pp.439-455
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• 2008

The SPS Agreement, concluded in the Uruguay Round for the purpose of controlling SPS risks, has traditionally been recognized to maintain the narrowest scope of application compared with TBT Agreement and GATT in relation with environmental provisions. Contrary to such an understanding on the scope of the SPS Agreement, the panel in the EC-Biotech case found that the SPS Agreement extends to regulate trade-restrictive measures on Genetically Modified Organizations(GMOs) causing health and environmental risks. This expanding scope of the SPS Agreement would have substantial influence on domestic environmental regulations as well as Multilateral Environmental Agreements(MEAs). This paper discusses the consequences of an expanding ambit for the WTO SPS Agreement through the designation of a wider range of health and environmental regulations affecting trade as SPS measures. As a result, not only precautionary measures on GMO risks, but also other health and environmental measures with trade impacts, could be subject to SPS control, and consequently, the institutional rigors of the WTO regime. However, strict and literal interpretation of the SPS provisions to expand its applicable scope would cause concerns about the WTO's intervention on the purely environmental measures. Pursuing harmonized and flexible interpretation of provisions on environment-related conflicts as well as accepting precautionary principle included MEAs will contribute to reduce such kind of concerns.

• 통상정보연구
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• 제13권3호
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• pp.403-431
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• 2011

환경 관련 문제에 대한 관심이 고조됨에 따라, 국민의 건강 및 생명 보호를 위한 각국의 SPS조치는 국가 간 자유무역이라는 WTO의 주요원칙에 역행하는 규제적인 무역관행을 낳고 있다. 그러나 분쟁 발생 시 패널이 회원국의 조치를 심사하는데 필요한 심사기준과 관련된 규정은 SPS협정에 존재하지 않는다. 뿐만 아니라 과학적 실험, 데이터 등과 밀접한 관련이 있는 협정의 특성으로 인하여, 본 협정에 적합한 심사기준에 대해서는 상반된 의견들이 대립하고 있으며 실제 분쟁사례에서도 일관된 기준이 적용되고 있지 못하다. 국가차원에서 결론 내려진 사실적, 법적 판단을 패널이 심사할 때 적용하는 심사기준은, 당국의 결정을 패널이 존중하는 정도에 따라 '적극적 개입(de novo review) 기준'과 '존중(deference) 기준'이라는 두 가지의 대립적인 기준으로 나누어질 수 있다, 이 두 가지 대립적인 기준을 중심으로, 본 논문에서는 WTO협정에서 규정하고 있는 심사기준을 검토하고 SPS 협정에 적합하게 적용할 수 있는 심사기준을 모색하고자 한다. 그리고 최근 US-Hormones Suspension 사건 판결에서 적용한 심사기준을 분석하여 SPS협정에 적용 가능한 심사기준이 어떠한 방향으로 정립되고 있는지 살펴보고자 한다.

• 무역학회지
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• 제44권6호
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• pp.119-134
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• 2019

This study focuses on a recent WTO SPS dispute related to Korea Import Bans and Testing and Certification Requirements for Radionuclides (DS495) in order to learn from the case and take proactive measures to prevent potential import restrictions by Japan on Korean seafood. Korean-Radionuclides (Japan) emphasizes the importance of sufficient scientific evidence, especially scientific information from relevant international organizations, in an effort to take preventive measures towards Japan's restrictions on Korean seafood imports. Japan claims that a novel parasite, Kudoa septempuctata, in Korean flatfish causes food poisoning. As food poisoning is a serious concern, there is a low possibility that Japan's enhanced monitoring measures would be more trade restrictive than required as prescribed in Article 5.6 of the WTO SPS Agreement. In addition, Korea is the biggest exporter of olive flounder to Japan. Hence, the possibility that similar conditions could be established is low in relation to non-discriminatory principles under the WTO SPS Agreement. Accordingly, we should collect relevant scientific evidence, improve domestic sanitary management of fishery products, and seek export diversification so that we prepare for potential import restrictions by Japan and minimize implications.

• 한국식품영양학회지
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• 제22권2호
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• pp.252-260
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• 2009

According to Article 7 and Annex B of the World Trade Organization(WTO) Agreement on the Application of Sanitary and Phytosanitary(SPS) Measures, WTO members are required to notify their newly established or amended SPS measures that might affect international trade. This study analyzed SPS notifications from 1995 to 2008 to identify international trends for food safety measures. The notifications were collected from the SPS information management system and the official document distribution system of WTO. The 153 WTO members represented 37 developed countries, 84 developing countries and 32 least developed countries. The number of overall notifications was 9,820. The annual notifications increased from 198 in 1995 to 1,264 in 2008. The monthly average notifications were from 44.8 in December to 69.5 in June; however, there were no statistical differences among them. The six leading Members in terms of notification submissions were United States(U.S.), Brazil, New Zealand, Canada, European Community and Korea. Among the regular and emergency notifications, 62.7% notifications were concerned with food safety, followed by animal and plant protections. Among animal protection notifications, 54.8% were emergency situations. Of the 4,821 food safety notifications, 60.4% were from developed countries, and 39.3% were from developing countries. Measures concerning pesticide residues and risk assessments were mainly from developed countries. In contrast, 77.5% of the measures concerning zoonoses were from developing countries. However considering the numbers of developing and developed countries, the average number of measures for each country was similar. Food safety measures were mainly involved pesticide residues followed by food additives, zoonoses, new regulations, labeling. As the overall notifications, zoonosis measures were mainly emergency notifications. Measures concerning pesticide residues, food additives, zoonoses, new regulations, veterinary drugs, and labeling were submitted most often by the U.S., Korea, Albania, U.S., Australia, and U.S., respectively. Identifying the exact trends of food safety measures was complicated by a number of factors. However, WTO notifications might be useful tool in providing a general view of international trends.

• 한국지역사회생활과학회지
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• 제18권4호
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• pp.699-706
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• 2007

The importance of the standards and its related texts established by Codex Alimentarius Commission (CAC) had been increased by the Agreement of Application of Sanitary and Phytosanitary Measures (SPS Agreement) in World Trade Organization (WTO). To meet the needs of WTO SPS Agreement, biennial CAC meeting had been changed to every year. This study was conducted to analyze the effects on interval between CAC meetings. The years of adoption, revision and amendment of CAC texts were collected from the official standard list and individual texts from CAC homepage. The period since establishment of CAC was divided into four groups by starting negotiation of Uruguay Round, WTO foundation and reducing the interval between CAC meetings. The collected data were analyzed by SPSS program. The numbers of CAC standards, guidelines, recommendations, maximum residue levels, and miscellaneous texts were 202, 56, 46, 3 and 5, respectively. Since 8 documents didn't contain the adoption year, these texts were eliminated to analyze adoption year. For adoption, annually 11.26 texts were established since establishment of CAC and there were no significant difference among the 4 groups. However the average numbers of revisions and amendments of adopted texts for overall periods and for each period were 7.56, 0.93, 6.50, 17.20 and 19.75, respectively. The average numbers of overall decisions, defined as summation of adoption, revision and amendment of texts, for overall periods and for each period were 12.37, 6.27, 9.00, 17.40 and 29.25, respectively. There were significant differences by the WTO foundation and the interval between CAC meetings. The reduced interval of CAC meetings influenced to increase number of revisions and amendments of adopted texts, but not yet adoption of new text.

• 무역학회지
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• 제44권4호
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• pp.19-34
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• 2019

This study investigates the WTO dispute over Japanese fishery products originated from Fukushima and another seven prefectures. Being subject to an import ban and additional radioactive test requirements, Japan complained that the Korean government's trade measures are inconsistent with the principles of the Agreement on Sanitary and Phytosanitary Measures. This paper considered the contrasting judicial decisions made by the Panel and Appellate Body and analyzed the debates with respect to their trade-discriminatory effects (Article 2.4), the relevance of appropriate level of protection (Article 5.6) and the precautionary approaches (Article 5.7). Consistent with the final rulings, this paper identifies the need for a broaden understanding of regional conditions and qualitative aspects of protection in risk analysis. Findings also suggest that Korea has diverted its fishery imports from Japan to other countries, while Japan has created export diversion from Korea to other destinations.

• East Asian Economic Review
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• 제25권1호
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• pp.33-71
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• 2021

Many different approaches and databases have been developed for the evaluation of non-tariff measures (NTMs) and free trade agreements (FTAs). This paper is devoted to the EU-South Korea agreement, which is the first 'second-generation' FTA of the EU, addressing a wide array of non-tariff policies. We review the evolution of NTM types applicable to the EU-South Korea trade relationship and the role of NTMs in ex-ante and ex-post analyses of the agreement. Subsequently a structural gravity model is employed to assess the value added of information on different aspects of FTAs and types of NTMs by evaluating their ability to predict the trade effects of the EU-South Korea FTA. Our results show that, when accounting for information on the components common in modern deep trade agreements, no additional trade effect is attributable to the EU-South Korea FTA. The evolution of NTMs differs considerably across indicators used, but trade predictions are hardly affected. Most specifications point towards a negative effect of bilateral differences in the number of technical barriers to trade (TBT) applied and sanitary and phytosanitary measures (SPS) against which trading partners issued complaints at the WTO.

• 한국어병학회지
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• 제23권1호
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• pp.99-106
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• 2010

수산동물의 질병 발생과 확산을 억제하기 위하여 제정된 수산동물질병관리법은 2008년 12월 22일 시행되었다. 수산동물의 질병 발생과 확산을 억제하기 위하여 위험분석이 새롭게 도입 되었다. 수산동물의 이동에 대한 위험분석의 도입은 세계무역기구의 SPS 협정의 권고사항의 이행과 관련이 있으며, 세계동물보건기구의 수산동물위생규정의 지침에 의거하여 수행되어져야 한다. 이 보고서는 수산동물의 이동에 대한 국제규정과 국내의 위험분석 제반여건을 수집하여 분석하였다.