우리나라의 自由貿易協定의 推進過程과 法的 課題

Abstract

After an initial stage of the experimentation of FTAs, the FTA policy of Korea is moving towards a large-scale economic integration with major trading partners. Despite this policy shift, the following problems identified during the experimental stage still persist: (i) a small number of domestic industries whose business interests are adversely affected by the market liberalization as a result of an FTA are heavily overrepresented in the policy process; (ii) FTA negotiations are launched without a sufficient amount of preparation; (iii) unnecessary misunderstandings and criticisms are amplified due to the lack of disclosure of information about FTA negotiations; (iv) the basic role of channeling interest groups' opinions by the Congress and political parties is absent; (v) advisory function by private experts is not in operation; and (vi) discussions about compensation for injured industries tend to proceed in an ex post basis and in a political manner. In order to resolve these problems, a statute prescribing trade policy decision-making procedures needs to be enacted. Based on provisions of allocating trade policy authorities between the administration and congress under the statute, each decision-making body may be able to play its active role without a mutual conflict of authorities. Also, what need to be enacted are how to guarantee an adequate degree of disclosure of information on trade negotiations and ways to preserve legitimate channels for expressing opinions by interest groups. Advisory committees comprising representatives of interest groups and private experts should be established and be actively used as the official procedure to gather comprehensive opinions from various interest groups and to make constructive adjustment among them, even prior to entering into negotiations. Problems of overcompensation and inefficient management of compensatory resource must be given priority for their solution. The current statute and regulations on trade adjustment for manufacturing industries must be amended so as to allocate more resources to assist damaged employees and to focus on the policy purpose of enhancing overall efficiency of entrepreneurship in the Korean business community. In parallel with these efforts, principles and goals of the long-term FTA policy of Korea must be spelled out in the form of governmental regulations or guidelines. As one of such principles and goals, harmonization of rules of origin under various FTAs to which Korea is, or will be, party may be explored given that such harmonization reduces economic costs generated by the proliferation of fragmented FTAs. Any legislation of model rules of origin will facilitate this effort. In addition, efforts to harmonize rules on customs procedure, trade remedies, intellectual property rights, competition, labour and environment, transparency, investment, electronic commerce, sanitary or technical regulations, and dispute settlement will contribute to the long-term interest of Korean business community. Therefore, any legislative drive in this light deserves to pursue on a long-term basis.