중소기업 적합업종제도에 대한 국제통상규범 적용가능성에 관한 연구

다국어 초록 (Multilingual Abstract)

Under the Act on the Promotion of Collaborative Cooperation Between Large Enterprises and Small & Medium Enterprises (the Act), the Commission on Shared Growth for Large Corporations & SMEs (the Commission), a non-governmental institution, is granted the authority to select certain businesses as suitable sectors for SMEs (suitable sector(s)), which aims at creating a reasonable role sharing between large corporations and SMEs. Although the Commission does not exercise regulatory power where selection of suitable sectors is depended upon reaching a consensus among interested parties and the observance thereof is not mandatory but voluntary, the Act grants the Commission the authority to submit to the Administrator of the Small and Medium Business Administration for business coordination which is provided for in the Act when no consensus could be reached regarding the selection, or when the selection is not observed by relevant large corporations. Given that the Commission’s selection of certain business as a suitable sector could be a de facto limitation to the investment and business activities of relevant large corporations including those of the other member countries of the international trade treaties to which Korea is a signatory and that the business coordination could be initiated when the consensus on the selection is not reached or is not implemented, the selection by itself or subsequent business coordination proceedings in conjunction with the selection could be assessed as a measure subject to international trade rules.
Absent rules of investment liberalization in non-service sectors under the WTO multilateral trade regime, WTO agreements such as GATT and TRIMs are not likely to be applicable in manufacturing businesses selected as suitable sectors, even if as a consequence the enterprises of the other member countries are restricted from entering or expanding into those sectors (such restriction). Likewise, it seems that Korea-US FTA has no bearing on suitable sectors selected in manufacturing businesses because the FTA does not include market access commitments for foreign investment in non-service sectors. On the other hand, considering that there are market access commitments for all sectors including non-service business in the Korea-EU FTA, such restriction on the enterprises of EU arising out of the selection of a manufacturing business as a suitable sector might cause controversy over the interpretation of the FTA in relation to the market access commitments.
When it comes to service sectors, most international trade rules including GATS, Korea-US FTA, and Korea-EU FTA, etc., take the regulation system under which each member country undertakes market access commitments in relation to the supply of service in its schedule and shall accord service and service suppliers of any other member country treatment no less favorable than that provided for under the terms, limitations and conditions agreed and specified therein. It follows that for the service sectors in the schedules, market access commitments and national treatment shall be observed, which also applies to market access through establishment, that is to say, foreign investment. As such, if a service sector in Korea’s schedule is selected as a suitable sector and thus the enterprises of the other member countries are restricted from entering and expanding thereinto, non-implementation of the subject market access commitment might be at issue.
Even though legal assessment of selected suitable sectors in terms of international trade rules could differ from each other depending upon the criteria and proceedings of the individual selection, for the consistency between the Act and the international trade rules, it should be taken into account that the selection of suitable sector should be made on a voluntary basis guaranteeing the participation of enterprises of the other member countries and that the Commission's recommendation concerning t

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