한·미 FTA 원산지규정의 해석상 쟁점

Abstract

Korea-U.S. Free Trade Agreement is a preferential agreement, like any free trade agreement, meaning that the goods originating in the other country get more favorable treatment than goods originating in third countries not participating in the agreement. For successful FTA, the rules of origins is one of the elements which are the most important in an FTA rules. Nevertheless the study about the Korea-U.S FTA in Korea established an important point only in the economic analysis of the rules of origins, and the legal analysis is not enough. This study analyzes the contents of the rules of origins of Korea-U.S. FTA and in particular it for problems in the interpretation of the rule of origins rule that can occur when it will apply to Korea-U.S Trade. First, in an application purpose of the free trade agreement, the problem about the territory is a rule to become the premise for the application of the rules of origins of judgment standard. In spite of such an importance, the rule about the exclusive economic zone of a territory rules is not minute. In other words, it was prescribed that captured marine products' origin in an exclusive economic zone by permitted foreign ship for fishery be enabled in coast country. Second, it is the problem that related to Committee on Outward Processing Zone on the Korean Peninsula(OPZs). OPZs shall identity geographic areas that may be designated outward processing zones. However, some premise(processing toward denuclearization of the Korean Peninsula: the impact of the outward processing zones on intra-Korean relations etc.)are necessary so that OPZs identify outward processing zones. This conditions are a serious hinderance in the substantial activity of the committee. Furthermore, because processing zones designated effect of the committee does not have self-executing effect and has only advisory effect, difficulty is expected for committee activity. Finally, the annual practice reporting duty of the exporting company and visiting system without providing prior notification to exporter restrict the activity of the exporter very much. This study improves at the importance of the rules of origins through such a problem statement, and there is the purpose of this study if I show the supplement of the system that can prevent the damage of the Korean exporter.