FTA 체결에 따른 농업부문 피해보전대책제도 개선에 관한 법정책학적 고찰

Abstract

According to the conclusion and implementation of FTAs with other states, Korean government has operated the assistance regime to farmers under the「Special Act on the Assistance to Framers, Fishermen, etc., Following the Conclusion of FTA」. As we know, ‘The Ministry of Agriculture, Food, and Rural Affairs’ decided to additionally apply the level of importation contribution to calculation of support fund for farmers who have been damaged by the FTAs. However, the decision caused a severe controversy because of the claim that the decision was made without a definite legal basis. In addition to this problem, there have been brought to a several problems regarding the standards, process, institutional organizations, etc., of the assistance regime to farmers. Based on this perception, the aim of this article is to review the current legal provisions in the「Special Act on the Assistance to Framers, Fishermen, etc., Following the Conclusion of FTA」 concerning the assistance regime to farmers including the issue of additional application of the level of importation contribution to calculation of support fund for farmers. In order to achieve the purpose, this article considers general situations of the enforcement of assistance regime to farmers under the「Special Act on the Assistance to Framers, Fishermen, etc., Following the Conclusion of FTA」(Chapter Ⅱ), reviews and analyses the institutional as well as legal problems of the assistance regime to farmers with special reference to the comparison analysis with Korean trade adjustment assistance program and the U.S, trade adjustment assistance program for farmers(Chapter Ⅲ), and finally presents several legal and institutional proposals to improve and enhance the current assistance regime to farmers(Chapter Ⅳ). The author expects the discussion of this article can contribute to improvement and enhancement of the effectiveness of the assistance regime to farmers in Korea.