중국의 국제수출통제제도 이행과 시사점 - 수출통제법(초안)을 중심으로 -

Abstract

In 2019, trade disputes between Korea and Japan began with the revision of related laws between the two countries that were taken to limit the export of certain items. Strategic goods, which are Japan’s prohibited exports, are permitted by international treaties and international export controls so that countries can restrict imports and exports for international peace, safety, and national security. China, the main trading partner of South Korea, was finally discussing on December 23, 2019, “Export Control Law of People’s Republic of China (Draft)” as the agenda of the National People’s Congress. For 25 years since the establishment of the “Municipal Ordinance of Supervisory Chemicals Management” in 1995, for the domestic implementation of the international export control system, the Municipal Ordinance, an administrative law in various areas such as nuclear, biological, chemical, and missile sensitive items has been established and operated. Accordingly, the establishment of the new “Export Control Law” raised the legal status of the export control system operating under the “Administrative Regulations” to “the law” of the “basic law” nature, faithfully fulfilling international obligations and protecting national safety and interests. It is an expression of China’s strong will to strengthen export control. Therefore, this paper analyzes the difference between the “2019 Export Control Law (Draft)” and the existing 6 administrative regulations and Korea’s Enforcement Decree of the Foreign Trade Act (Export Control Law). Through the enactment, we will focus on explaining what changes in the operation of China’s export control system and what implications these changes can bring to Korea.