WTO GPA와 民營化 基準 考察

Abstract

One of the main reasons for the dispute on GPA in GATT was the diffusion of public enterprises around the world. Public enterprises and other organization concerned with governments were targets discussed in GPA of UR. But these days, we don't have critical standard about the enterprises depending on the degree of the government's control influence. Moreover, it is still argued whether privatized companies, which were public enterprises before, should be included in the agreements or not. Currently public enterprises have been privatized to improve the inefficiency worldwide. Many public enterprises have already privatized and have been privatizing in Korea, too. Taking a good look at the Article 24 of WTO GPA, privatized companies which were public enterprises are not automatically excluded from the GPA list. It should be proved that government's controls have effectively eliminated and all of the membership countries need to agree that situation without the objection. Now how can we prove that the government's control has effectively eliminated in proper way? It is quite difficult to judge because WTO GPA doesn't clearly recommended the appropriate standard. The privatized companies should be withdrawn in WTO GPA list. If they are not withdrawn because of insufficient preparation about the standard, many of side effects can be produced in the company. The right of management could be infringed and the efficiency of procurement could be diminished, which can be against the main purpose of privatization. To solve the problems, the standard of withdrawal from WTO GPA list for the privatized companies should clearly be created. So this paper is trying to examine the standard of withdrawing those privatized companies, which were public enterprises.