• International Commerce and Information Review
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• v.9 no.1
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• pp.451-465
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• 2007

It is true that every country which includes the developing country has planned own economic development through government subsidies. Korea also has developed their some major industry through supporting government subsidies. Under the WTO structure, however, government's specific supports for export firms come under prohibited subsidy and subsidy supporting must be based on WTO ASCM(Agreement on Subsidies and Countervailing Measures). The purpose of this paper was to study on the WTO ASCM and to analyze cases on the shipbuilding and Hynix DRAM dispute which Korean concerned major subsidy issue. Korea has been undergoing subsidy dispute with EU and U.S.A. concerned matter of shipbuilding and Hynix DRAM respectively. From this research results were as follow : First of all, the WTO ASCM introduced a definition of subsidy and divided subsidies into three categories and was legally bound through dispute settlement mechanism and implemented by all WTO members. Also, through analyzing cases, results were indicated that Korea wins a lawsuit against the matter of shipbuilding subsidy whereas losing the lawsuit against the matter of DRAM subsidy. It means that the case of shipbuilding subsidy do not violation WTO ASCM and the case of Hynix DARAM is against WTO ASCM. Additionally, as we see the dispute cases concerned Korean industry, it is necessary that government should operate subsidies which were provided for certain governmental policy as consisted with WTO ASCM.

• STI Policy Review
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• v.4 no.1
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• pp.27-53
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• 2013

Technology research and development (R&D) expenditures have increased as most countries recognize that technological innovation is a significant factor for continued economic growth. R&D subsidies by governmental entities were permitted in accordance with the Subsidy and Countervailing Measure (SCM) Agreement under the World Trade Organization (WTO) system. However, according to Article 31 of the SCM Agreement the provision for R&D subsidies have been terminated as of January 2000 and legal disputes over R&D subsidies are likely to increase. The aircraft industry has been the only industry where R&D subsidies have become an issue under the WTO. This paper examines international trade disputes within the aircraft industry in regards to measures by Canada and bilateral disputes between the U.S. and the European Communities (EC). In these cases, various R&D subsidies on civil aircraft are found to be inconsistent with WTO rules. This study summarizes the WTO decisions on various R&D subsidies disputed in the aircraft cases and examines the type of R&D subsidies found to be inconsistent (or consistent) with the WTO to provide guidelines for current and future R&D subsidy policies in high-tech industries. The Canada-Aircraft case indicates that R&D subsidies directly targeted towards near market R&D projects with a high export potential will likely be in violation of current WTO rules. Furthermore, findings from the EC-Aircraft and the U.S.-Aircraft cases suggest that the forms (or the methods) of R&D subsidy distribution were not a sufficient condition for the WTO ruling; instead, what ultimately mattered was whether and specifically to whom the benefits of the R&D subsidies are conferred by the government entities.

• Journal of Fisheries and Marine Sciences Education
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• v.17 no.3
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• pp.324-339
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• 2005

The WTO/DDA Negotiation on the Fisheries Subsidies started by DDA(Doha Development Agenda : 2001.11)at early 2002 has been held about 20 times until the fist half of 2005. The Negotiation will be terminated until the end of 2005 but now, it is impossible to predict the exact conclusion of the Negotiation. There is a sharp conflict of opinion on the WTO/DDA Negotiation on the Fisheries Subsidies between FFG(Fish Friends Groups : USA, New Zealand etc) and Anti-FFG(Rep. Korea, Japan etc). The Fisheries Subsidies is regulated by the WTO/DDA Negotiation that regulates on the subsidies of industrial products, fisheries products, forest products. Considering the progress of the WTO/DDA Negotiation on the Fisheries Subsidies, Guidelines for the Fisheries Subsidies Negotiation were established in Doha Ministerial Declaration at 2001 and a necessity of a special regulation on the Fisheries Subsidies has been discussed from 2002 to 2004. After june, 2004, the Negotiation was proceeding as Rep. Korea, Japan and Taiwan agreed with discussing a special regulation on the Fisheries Subsidies and At 1st, August, 2004, they reached an agreement on a necessity of a special regulation on the Fisheries Subsidies. At Feb, 2005, discussion was suspended because of presenting the joint proposal from 3 countries(Rep. Korea, Japan and Taiwan) and now discussion on the Fisheries Subsidies is giving the first consideration to classification of prohibited/non-actionable subsidies, S&D of a developing countries, small fisheries, problems of farming, grace period etc. From now on, Considering the 18th~the 20th negotiations, it is expected that discussion of fisheries subsidies regulation including property and range of prohibited/non-actionable subsidies, S&D of a developing countries, a definition of small fisheries is accelerated. In this point of view, this paper analyzed and arranged every country's proposals holding our own position and took a survey to fishermen and fisheries experts about prohibited/non-actionable subsidies. In addition, this paper intends to suggest the way of future-negotiation and provides essential data to help government's policy making through analyzing prohibited/ non-actionable subsidies, farming subsidies, S&D of a developing countries, small scale fisheries.

• Korea Trade Review
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• v.43 no.4
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• pp.111-130
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• 2018

In December 2015, the Paris Agreement was adopted to cope with global warming caused by greenhouse gas emission and to prevent the average temperature of the Earth from rising. Renewable energy sources have become important to address environmental problems such as rising sea levels, depletion of forests and fine dust. In order to grow renewable energy, government support is needed. However, excessive government support for the renewable energy industry could pose problems that include undermining fair competition and raising costs. The WTO already has heard cases involving renewable energy subsidies. This article focuses on subsidies and countervailing tariffs as well as examines WTO disputes related to renewable subsidies, and also analyze legal issues that are problematic in granting subsidies for the development of new renewable energy industries. In WTO dispute involving renewable energy subsidies, legal issues are SCM Agreement article 2 Specificity, article 3 (b) import substitution subsidy and GATT article 20. This paper proposes improvement measures such as the reintroduction of article 8 Non-Actionable Subsidies or special provisions on energy subsidy. In addition, it is necessary to clarify the interpretation of Article 3 of the subsidy agreement. However, excessive government subsidies can lead to trade friction, so the WTO rules should be improved in line with the WTO goals of environmental protection, equity in free trade, and sustainable development.

• Current Industrial and Technological Trends in Aerospace
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• v.6 no.2
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• pp.11-21
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• 2008

This paper focuses on finding the way of aerospace industry promotion in Korea compatible with fair trade system under international rules by considering and analysing the WTO subsidy rules and WTO dispute settlement cases. As for subsidy rules in WTO, the paper deals with two matters such as financial contribution and benefit and further studies provisions on the prohibited subsidies and actionable subsidies. And as for the dispute settlement matters, it reviews the Brazil-Canada case and the US-EC case on civil aircraft export subsidies. While aerospace industry in Korea is not yet internationally competitive still requiring government's continuous supports, it must not be in conflict with subsidy rules under WTO mechanism. This paper makes several suggestions to meet these conditions.

• Korea Trade Review
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• v.47 no.2
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• pp.1-18
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• 2022

This paper examines the effects of export subsidies on agricultural food exports, focusing on a case of Gyeongsangbuk-do. Using monthly data of agricultural food exports during 2007-2020 and the GLS regression analysis, we test the hypothesis whether the export subsidies would increase the exports of four major agri-food categories with three digit codes of HS such as fruits, vegetables, flowers, and mushrooms. Evidence shows that the export subsidies had statistically significant impacts on the agri-food exports except flowers. In order to test the robustness of the analysis, the agri-food export subsidies are reclassified into four sub-subsidy policies, and the analysis re-examines the effects of the sub-subsidies on agri-food exports. It shows that export policies for production stabilization, logistics, and overseas marketing promote the exports of agri-foods significantly. Alternative export policies are drawn in this study since the existing subsidies conflict with the WTO agricultural agreement.

• The Journal of Fisheries Business Administration
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• v.34 no.2
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• pp.27-52
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• 2003

The object of this paper is to review the fisheries subsidies of the major FFG(Fish Friends Group) which argue the elimination and the phasing-out, to compare with Korea's subsidies category and provide the basic information for planning of fisheries subsidies policy and the negotiation strategy in the future. The result from the comparative analysis of the subsidies between the major FFG showed that WWF(World Wildlife Fund) fisheries subsidies categories, with the exception of Marketing and Price Support Program which is similar to Korea in terms of the supporting type and methods, differ from those of Korea. Also, The unique type of WWF Fisheries Subsidies, which is beyond Korea's subsidies, are Direct Payment for Fishermen and Fishery Wokers, Capital ＆ Infrastructure Support, Fishery Management and Protection, etc. In case of capital support and fisheries fuel, the payment method or other institutional backgrounds is somewhat different from each nation. On the base of this analysis, this paper is suggesting the direction of the Korea's Fisheries subsidies policy as follows ; First, developing new policy methods and supporting ways such as Direct Payment for Fisherman is needed. Second, Converting fisheries subsidies category expected to be classified to Red Amber into another type of non-negative subsidies should be carried out, demonstrating that these kinds of subsidies give no negative effect to the environment and the trade, Third, Reviewing the categorize system of Korea's subsidies and revising it according to international trends is necessary as well. In respect to WTO/DDA, the watchful analysis of Korea's fisheries program must be preceding in ahead of making the negotiation strategy. And Korea firstly need to stress the fact that, while the major FFG can directly pay for fisheries section, other nations have no choice but supporting in preferential tax or loan manner. Using this kind of strategy, it is may enlarge the negotiating power in the WTO/DDA to reflect fully Korea's position.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.53 no.4
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• pp.456-470
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• 2017

We propose some countermeasures needed to cope with fortifying international regulations for fisheries subsidies. The government should rigorously select the recipients of fisheries subsidies to ensure that they are not engaged in ineffective projects by resorting to subsidies. On the other hand, the government should make the individual applicant's application for the subsidies easier by exempting them from the submission of a burdensome feasibility report. As for the strengthening regulatory international movements against the fisheries subsidies, we can consider the following countermeasures. One is not to designate and provide prohibitive subsidies in such a way that violates international norms. The other one is to reform the domestic fisheries subsidies system in Korea with the following points considered. It should be considered that fisheries subsidies, which can be categorized as the actionable subsidies, should not be granted to the items that can be exported but to the items that can be used for domestic consumption or processing. In the case of non-actionable subsidies, the subsidies are mainly allowed for promotion of public-sector research and development, regional development, and adaptation to new environmental regulations. Thus, the non-actionable subsidies should be designated in the consideration of the allowances for these activities.

• International Commerce and Information Review
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• v.6 no.2
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• pp.65-84
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• 2004

Korean Government has provided special support to Korean export industry during past 40 years. However, due to the agreement on UR and appearance of WTO, the Government can't provide most of the subsidies which were allowed before WTO era. Hence, export insurance system became more useful tool since it's one of the few allowed subsidies under WTO. This study tries to find the impacts of export insurance systems on the exports in Korea, the United States, and Japan. Firstly, this study surveyed the export insurance systems of Korea, the United States, and Japan. Then, using a regression analysis it analysed the effects of export insurance systems upon the exports in Korea, the United States, and Japan respectively. The period of data is from 1980 to 1999. The results of the regression analysis for export insurance showed significant and positive effects of both Korean and Japanese but the United States showed insignificant and positive upon the exports.

• Korea Trade Review
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• v.44 no.1
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• pp.129-142
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• 2019

This paper draws implications on the ship finance of the Korean ECAs for shipbuilding industry from the perspective of WTO ASCM through studying the trade disputes on export credits. In consideration of the underwriting practice on the case-by-case basis, the ECAs' law regimes and their ship finance programs as such would be judged not conferring a benefit. The ship finance of international commercial banks could be treated as a market benchmark for the purpose of determining the existence of benefit in the ECA ship finance. The ECAs share securities with international commercial banks for the same exposure to the risks in a syndicate. Therefore, WTO DSB would rule that the ECA ship finance confers no benefit for individual transactions. The items (j) and (k-1) of ASCM Annex I are not allowed to interpret a contrario.