特別法에 의한 輸入規制의 貿易制限效果

양평섭 慶熙大學校 1987 국내석사

韓國 輸出商品의 輸入規制에 關한 考察

성장현 漢陽大學校 經營大學院 1983 국내석사

중국 고체폐기물 수입규제의 WTO협정 합치성 연구

강병준 고려대학교 대학원 2022 국내석사

세계의 폐기물 수입규제가 점차 강화되고 있다. 2021년 1월 1일 '유해폐기물의 국가간 이동 및 그 처리의 통제에 관한 바젤협약' 개정안이 발효되어, 플라스틱 폐기물의 국가 간 이동이 제한되었다. 같은 날 중국에서는 '고체폐기물 전면수입금지에 관한 사항 고시(关于全面禁止进口固体废物有关事项的公告: 이하 "고체폐기물 수입금지조치")' 가 시행되어, 고체폐기물의 수입이 전면적으로 금지되었다. 이처럼 환경보호를 목적으로 하는 폐기물 수입규제는 국제 자유무역질서를 보장하는 '세계무역기구(World Trade Organization: 이하 "WTO")' 체제와도 양립할 수 있어야 한다. 그러나 고체폐기물 수입금지조치의 경우, 조치가 '관세와 무역에 관한 일반협정(General Agreement on Tariffs and Trade: 이하 "GATT")' 및 '무역기술장벽협정(Agreement on Technical Barriers to Trade: 이하 "TBT협정")' 상 의무를 위반한다는 주장이 지속해서 제기되고 있는바, WTO 체제하 무역과 환경 간 조화의 필요성이 대두된 상황이다. 이러한 배경에서 본 논문은 고체폐기물 수입금지조치의 GATT·TBT협정 합치성을 분석하고, 중국의 폐기물 수입규제가 WTO 체제하에서 자유무역과 환경보호 간의 조화를 이룰 수 있는 방안을 찾는 것을 주된 목적으로 하였다. 규제의 내용은 필요 이상으로 무역제한적이지 않아야 하고, 이를 위해 다른 국가들의 피해를 최소화할 수 있는 대체조치가 고려되어야 한다. 규제가 적용되는 방식은 자의적이거나 정당화될 수 없는 차별을 구성하지 아니하여야 한다. 나아가 다른 국가들의 규제를 자국의 규제와 동등한 것으로 인정하는 방안을 고려해 볼 필요가 있다. 이를 통해 폐기물에 관한 공정한 국제무역 체제의 설립과 함께, 무역과 환경, 두 가치의 조화가 달성될 수 있을 것이다. The global regulation on waste trade is ramping up. As of January 1, 2021, the movement of plastic waste was restricted as the amendment to Annexes of the 'Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal' entered into force. Also, China has implemented a complete ban on the import of all solid waste. The waste import regulation has been currently regarded as an important pillar of global environmental regulation, however, it must be compatible with World Trade Organization (hereinafter "WTO") law, which ensures a free trade order. In case of China, it has been constantly argued that the solid waste import ban measure may violate the obligations of the General Agreement on Tariffs and Trade (hereinafter "GATT") and Agreement on Technical Barriers to Trade (hereinafter "TBT Agreement"), then the need for harmonization between trade and the environment has emerged. For this background, the purpose of this research is to analyze the GATT·TBT Agreement consistency of the China's solid waste import ban measure, and to examine how the waste import regulation can be justified without disturbing free trade order. The findings on the WTO consistency of the China's solid waste import regulation suggest the way to ensure the fair international trade in waste and to harmonize trade and the environment. The content of the regulation shall not be trade-restrictive than necessary and alternative measures that can minimize damage to other States shall be considered. The application of regulation also shall not constitute a means of arbitrary nor unjustifiable discrimination. In addition, it should be positively considered to accept the regulations of other States as equivalent.

先進國의 開發途上國 商品에 대한 輸入規制動向과 對應方案에 관한硏究 : 韓國의 輸出 政策을 中心으로

정경수 漢陽大學校 産業經營大學院 1980 국내석사

美國의 對韓輸入規制에 관한 硏究

권인석 淸州大學校 1986 국내석사

The background of the neo-protectionism seems to be due to the following causes. 1. Long waves of the world economy 2. World-wide depressions from two oil shocks 3. Nixon's urgent control of economy 4. Appearance of NICs and statuselevation of Japan and EC 5. Contradiction in the development process of capitalism 6. BOP deterioration and financial deficit of the U.S. 7. Weakening of competitive ability with foreign countries and delay in industrial modulation in the U.S. The main purpose of this thesis is to Investigate the contents of the U.S import restriction against Korea The major devices of the U.S. import restriction are as follows: 1. Tariffs 2. Scale-down of GSP 3. Safeguard restriction 4. Unfair trade regulation 5. Quantitative restriction 6. Price restriction such as anti-dumping duty and countervailing duty. Despite American protectionism in foreign trade, America market is large, profitable to secure a paying bargain. Accordingly, the countermove of Korea against American trade policy should be examined in two sections; government and business. 1. government 1) Import liberalization 2) Participation to the multilateral trade negotiation as New Round 2. Business 1) Active utilization of GSP items 2) Elevation of technology level 3) Betterment of marketing strategy 4) Response to anti-dumping duty 5) Response to countervailing duty 6) Reinforcement of the lobbying activities

美國의 輸入規制와 우리의 對美輸出戰略

신덕기 釜山産業大學校 貿易大學院 1987 국내석사

The purpose of this paper is to analyze the history of trade policy in the U.S and the present situation of import restrictions against Korea and to suggest directions of trade relations between Korea and U.S and export strategies into U.S market. Throughout the post-World War Ⅱ era, the United States has been the world staunchest supporter of open trade. In 1970ts, however, the trade policy of the U.S.turned into the tendency of protectionism on the basis of the change of comparative advantage type which resulted from the rise of NICs and the down of economic position in international economic relations attributed to the development of EC, Japan and continued deficit. The domestic pressure for protection has much heightened for the increase of unemployment, the deterioration in balance of payments, business depression. In response to these economic crises, the United States has applied various import restriction measures, that is, quantitative quata, the reduction of GSP, Safeguard, unfair trade practice restriction to foreign countries, expecially, NICs as like Korea. Therefore the growth rate in export to the U.S. has been shown the slow down tendency. In order to cope with the various import restrictions of the U.S. and to expedite the export performance to the U.S. we must export strategies as follows. First, we must reconsider the existed market strategy establish the product strategy, the distribution strategy suitable for individual unit market in terms of market segmentation. Second, we must develope new distribution channel, that is, avoid export trade with wholesalers or retailer, intermediate distributor of manufacturer in U.S. and try to enter into direct business with final demander. Third, we must design the support system to encourage the innovation and pursuit the diversification of exportable goods and high superior quality continuously. Fourth, we must train marketing specialists in order to increase the export of technology intensive capital goods and heavy & chemical industry products. Fifth, we must attempt the export-industrialization of small-medium enterprises and continue to expand diverse support-measures for developing exportable goods in small-medium enterprises.

선진제국의 수입규제동향과 한국수입 마아케팅 전략에 관한 연구 : 特히 美日輸入規制와 全北地域 輸出産業工團을 中心으로

박병현 조선대학교 대학원 1981 국내박사

First of all, viewed with Korea in the light of model, Japan on behalf of various advanced countries, it is no exaggeration to say without our nation's sentiment and resent- ment how much they (Japanese) have been economically gathering flesh for themselves by means of their colonial plundering through the past 36 years colonial-policy harshly as well as rising themselves from the ashes of lost battle (1945) by dint of the munition boom during the past upheaval in Korea War (1950). While expanding their export and import trade business quantities with Korea from 36008myriad dollars in the past 1966 to the amount of 891210myriad dollar last year (1980), that is, amounting to about 24.8 times since two country's normalization, Japan accounted for 17.4 percent of our total export quantities has not only been a our second export trade market in the world, but also has appeared a top-class import trade market occupied for about 26.3 percent of our total import quantities, countrarily viewed with this in the Japanese side, Korea is their second export trade market and the 8th import counter-part. As mentioned above, a total amount with red ink to Japanese trade business is esti- mated to reach US$ 19,053 million during 15years from 1966 to 1980. even towards the end of this year (1981), its amount of the export to Japan is expected to be appraised about 21,500 million dollar. Especially comparing with this in the light of future prospect, an unfavorable trade amount to Japan in range of 3 years (1976 - 1978) being in excess of the whole span of deficit figures are growing worse of blance of trade in Korea, which are playing a crucial part in our foreign trade relation, namely, in the total external trade deficit amount,s -- US$ 1,059million (1976), US$ 765million (1977), and US$ 2,261million (1978) -- compared with this i n Japan, -- US$ 1,297million (1976), US$ 1,778million (1977), and US$3,354million (1978).-- As shown above, in the end of last year (1980), our export increasing-rate towards Middle Asia, Middle-South America and Africa was recorded with in about 45.7 - 70.8 percent as well as towards Europe, North America and Asia (except for Japan) 4.7 - 13.1 percent, but export-increasing rate to Japan was roughtly recording average 11.2 percent (especially minus 9.4percent in 1980) with all our import increasing rate 17% from them. And then, where is reason why our adverse-trade balance is getting worse and more chro- nical? Our export-commodity structure would build up backward country's formation system and so, could not get rid of the way from the Primary products and light industrial products oriented vulnerability without saying the remunerative trade terms, that is, geo-graphic short-distance, analogous language, and preferential propensity of the Japanese goods. Because of such a thing mentioned above, we are habitually importing them from Japan yearly and yearly, to make matters more worse, Japan and advanced countries are usually growing hard for the tariffs and non-tariff-barrier system in addition to the Volun- tary Export Restraints, Orderly Marketing Agreement, Trigger Pricing System and Multi- fibre Agreement against our interesting articles, namely, silk fabrics, leather-shoes and a part of the marine products etc., and besides, they have been calling for the difficult terms of trade contrary to their little orders of quantities in different line of the articles made in Korea, on the other hand, there is no channel line for our products to flow into Japanese business market because of their complicated distribution structure. Especially speaking in case of Japan, our government makes it a rule to call for their sincerious measures improving the adverse trade conditions in yearly Korean-Japan Economic Cabinet Conference held alternately in Seoul and Tokyo, but they are rather enchancing their im- port-restriction more than showing their good faith. From view-point mentioned above, I will show the best way to settle the pending problem and meet with the counter-measurements checking the Advanced Country's import-restraints including Japan as belows. 1) Rising export-weight of the heavy chemical and industrial product according to the high-level export structure and dispersing or solving their import-restric- tion of light industrial product. 2) Improving the export-area structure to meet with import-restriction generated from the balance of trade or stagflation diminishing demand effect. 3) Transforming objectives controlling import-restriction into technical-oriented high price product. 4) Alternating export-market checking with G.S.P countries through the export- strategy or import -policy. 5) Concentrating all of our supporting in order to retract or relax their import- restriction by practising positively economic diplomacy in the field of official and civil level. Next, saying something to be efficient for the Local Export-Industry Park increasing export-performance recorded especially in Jeon-Buk Terriotry . In 1970's, ㆍa modern' industrialization in Jeonbuk has been remarkably developed in the basis of export enterprise aparted from the past various vulnerability, in addition to this, the authorities concern has developed the Jeonbuk province into a positive indus- trial inclination, pursued after the Ho-Nam High way opening to traffic in the beginning of 1980's. It has been expected for us to be promising the hoped-for 1980's, because of not only turning the three city, that is, Jeonju, In and Gunsan into a development zone which can be a Link-Industrial Belt but also enlarging the quadric street, Bun Yung into the biquadratic road. We. herewith, have to grope the development industrial zone for promoting export project in Jeonbuk Province, under the basis of Export Oriented System in 1980's, Judging such a thing from the foregoing view-point, I will name, in this preface, the complemental main-factor one by one as follows, except the general condition referred in the 'main discourse. (Promotive Guidance) 1)Utilizing the outer & inner imformation given by and overseas market movement groped for. (example) Foreign marketing movement illustration meeting, Overseas superior goods display etc. 2) Improvement of the design and packing. (example) Industrial design exposition, Display of the export commodity compared with 3) Enlargement of the administrative education for the Foreign Trade Practice (Bringing up Scheme) a large-unit of the industrial factory belt. b Inducement plan of th foreign investor and drastic technical induction. c Modernization of the industrial facilities. d Making a industrial strategy and forming a relative industry to be induced. (example) Establishment of the inter-related plant etc. e Backing up the positive government subsidy and inducing the public invest- ment organization. Viewed with the said-point, we dare say that Jeonbuk, export-oriented local society, will go directly toward the Export Tower of Ivory of the 55,000 myriad dollar in the hoped-for year, 1981's, added with this, we will set our eyes on the second and third indus- trial block, width of 300 myriad pyong in Gunsan, the second its block, width of the 50 myraid in Jeonju and the same block invested 8700 million won in Iri localty. Following this, administrative government will input the money, 80,000 million won to the coastal industrial zone, the second & third block becoming a heavy chemical in- dustry base. Viewed with this, it goes without saying that Jeonbuk industrialized development condition is well favorable, compared with the other province, as to the locational con- dition, for example, the low price of the land base, an unrestricted supply of the industrial water and a smooth transport means through land and sea etc. those mentioned above exactly have been proved to be true. Through the establishment of a full industrial base in 1970's, Jeonbuk Local Society will be transformed its form into the heavy chemical industrialization from the Light Industry in 1980's. At last analyzing the small and medium industries in Jeonbuk Local Society for its development growth, which are the basic slum-element of the export trade. The export marketing of the small and medium business in Jeonbuk has many weakness in its structual and strategic aspects, even though the importance of export marketing is recognized, the small and medium business neither has the full understanding of its strategies, nor possesses its own management capacity and ability, nor has the govern- ment agencies supporting its export marketing. Those deepense the weakness. Such a shortness can be removed by formulating and developing the effective strategies for export marketing. The export systems should be established in the small and medium business of Local Society. The promotion of high quality of export products requires the innovation of export systems as well as the improvement of production systems. The renovation of the export systems is to obtain information about the export market and competitive pro- ducts. Most of small and medium firms usually collect information by secondary materials rather than by their independent marketing research. To avoid the trial and error, they should conduct their own marketing research in domestic and foreign markets. No doubt, the entry into new markets and the increase in market share are the functions of individual firms's own marketing. Since the small and medium enterprises have difficulty penetrating into export market by and of themselves, however, it is disirable that they concentrate on developing export market either by participating in marketing research through the cooperations with other firms, or by collecting information, achieving the development of products, and making new products through the collaboration with big firms that deal only with exports and imports. In order to expend market share in advanced countries, they must export the high-price .products and the high quality goods. For the advanced techniques and know- how, fresh ideas, and superior designs are badly needed; To achieve such goals, the export- ing means should be abolished by which low prices have been regarded as a selling point. Instead, new products must be developed together with the diversification of products to meet the demands of high society. Diversification and quality advancement can be accomplished by the utilization of the technicians having the knowledge and practice of advanced techniques. This inevitably raises the wage level. The increase of wage is, however, more than compensated by the high prices of commodities with high quality. Advanced technicians have no willingness to join in the small and medium business simply because the wage level is not attractive to them, not because the business size is small. Another problem is that the equipments and facilities are old in the small and me- dium business. Supposed to produce light industry export products being well diversified, the small and medium firms are compelled to develop machines of superior quality suitable to the production of various kind of goods. This is desperately needed because of the in- crease in wage levels. Moreover, exports systems should be inforeced and strengthened. Above all, inte- grated rationalization must be brought forth. To achive quality improvement and cost- reduction, funds for installing modern equipments and machines are to be supported, and systematic guidance to management and techniques is to be widely conducted. The development of new product is required for the production of superior-quality goods. To achieve this goal, research and development activities such as design innovation, invention and technique progress should be conducted. For these activities to be effective, financial support for the creation of new techniques, management, advancement and im- provement, and working capital must be provided. Export financing should be systematized. Financing by bank must be done with- out Local letter of credits. Furthermore, raw materials should be smoothly and effective- ly supplied at the right time. Top management must recognize the importance of the technical development and innovation. Much of the major invention took place by small and medium business. It is the small and medium business that has the advantage in'developingtechniques. In spite of. these situations, few small and medium firms develop a high degree of techniques, thus making invention. This is because it lacks the sense of what the invention and techni- cal. development are. By grasping the trends of technical development and the dynamics of market changes, top management 'must push up technical development in the shortest possible period of time. For the advancement and promotion of technique-developing ability and capacity, external and internal technical development system must be established. After devising basic- policies of technical development by fully under standing the trends of technical development, the small and medium business must inforce the cooperative system and the link with the primary external organization such as holding companies which makes impact on the technical development. Since such external organization is the source of idea creation which is to provide the advancement of technical power, the basic policies of technical development is to spread to all employees in such a way that ideas and high techniques may be inflowed into the firm itself. The small and medium enterprise must put an emphasis on its link with the secon- dary external organization such as the machine producers and public research institutes. The machine producers that supply innovative machines guide, direct, coach and lead the techniques, while the public research institutes provide the collected information, technical direction, and the contracts about research and development. In addition to the external systematization, technical development team is desirable to be organized in the firm. Managing ability should be upgraded in the small and medium business. In order to achieve the high productivity supported by high techniques, small and medium enterprises must fulfill. their managing skills to integrate sales-power, technical ability and capacity, and financing power. This means that small and medium firms are to push up manage- ment skills in production, sales and finance activities, thus bringing forth the effi- ciency of business activities. It is expected that the heavy and chemical industries become'the guiding industries. Industrial structure will be recognized in terms of the economy of scale. In this case, modernization and economy of. scale, generally, will be done in terms of machine and equipment. However, the division of labor in society accelerates specification among nations. This tendency makes it impossible for the economy of scale to be applied to specific industries. And diversification and good quality will be demanded. Such area will be assumed by the small and medium industry. In such areas, the introduction of new machines and equipments is not good enough. Research and development and the strengthening of marketability are the major factors for the survival and growth of the small and medium enterprises. In short, technique-intensiveness is the key variable. Marketing ability, effective- ness of research and. development, and accumulation of competent human resources are required for the growth and the contribution of the small and medium business t o the de- velopment of the national economy.

韓國輸出에 대한 先進國輸入規制의 現況分析과 對應政策方案 : 非關稅障壁을 中心으로

지승훈 忠南大學校 1990 국내석사

After the 2nd World War, the waves of trade-liberalization had been sailing before the sind peacefully for several years by GATT system. With the first-oil shock(1973) as a momentum, however, the world began to suffer from serious depression, high inflation and unemployment until they caused a so called stagflation. Consequantly every nation carries into effect all kinds of trade-restriction measures in order to protect their own industry, among which execution of the non-tariffs barriers policy is rather popular. On the other side, as an advanced countries take a firm trade-restriction measures against the developing countries such as Newly Industrilization Countries (NICs) including Korea, which is suffering from the poor national endowment, are under circumstances in which we ought to pursuit the exporting-leadeing economic growth, several main developed countries are expected to carry out the strong import regulation measures against us. Therfore in order to cope with non-tariff barries which are the latest issuing problems, we will have to establish some concret countermeasures as soon as possible as followings. 1. It is necessary to strengthen economic diplomacy through international economic conferences so as to unfavorable treatments on Korean goods. 2. To make efforts making the advanced countries remove bilateral quotas on textiles, steel goods, electronic goods and footweares, increase quota quantity and reform existing bilateral quota system into global quota system. 3. To produce high-priced and high-value added goods so as to evade such NTBs like import quota, bilateral quota. 4. To furnish enterprises with useful informations about NTBs through an organizations set up to dffectindy collect and analyze a wide range of informations. 5. To strengthen cooperation with trade partners and establish assembly factories on the spot by means of joit venture or unilateral base.

對韓纖維類 輸入規制와 韓國의 輸出促進方案에 관한 硏究 : 纖維類輸出을 中心으로

이봉호 釜山産業大學校 大學院 1985 국내석사

The purpose of this study is to survey about developed countries' import regulations against Korean textiles, textile products and present export promotion methods of textiles industry in Korea. In particular, import regulations on the basis of Multi-Fiber Arrangement (MFA) are main subject in this study. MFA had its origin in the Short-Term Arrangement Regarding International Trade in Cotton Textitiles(LTA) of 1962. In the early 1970s the United States reached agreement with its major suppliers on the control of textiles and textile products made of man-made fibers and wool. These restrictions were clearly not justified within the framework of the MFA and for that reason the United States pushed for an international arrangement, a successor to the LTA, which would cover textiles and textile products of cotton, wool, and man-made fibers. The United States initiative was successful and the MFA, which was the product of its efforts, went into effect on January 1, 1974. After its effectivation, MFA was adjusted two time in 1978 and 1982. Nowaday, Most of textiles export countries are restricted by MFA. Our country isn't on exception to the rules. USA, EC, Canada, Ostria, Norway, Finland, etc. are representative countries, which restrict textiles and textile products against Korea. Since 1960s, textiles and textile products against Korea in developed countries and their restrictions will be strengthen increasingly. Therefore, we must consider counterplans and promote export of textiles and textiles products. This study presents export promotion methods as following; First, it is necessary to invest in R & D and train technical experts. Because R & D are the best important factor in all industries, if we invest this field, exports of textiles and textile products will be increased. The Second export promotion method is solidification of international competitive power. The solidification of international competitive power makes export's condition easily and promotes export. Therefore, Korean textiles industry is like to considerate solidification methods that are presented in this study. The Third method is to utilize quota system efficiently. Arrangements, which are contracted between Korea and other countries, are placed at disadvantages to us. But we must devise proper measures, and promote exports. If we utilize above methods, exports of textiles and textile products in Korea will be increased and will be promote increasingly. The MFA and its predecessors (STA and LTA) offer two important general lessons for those interested in commercial policy. The first lesson is that a sectoral system of discriminatory protection tends to develop in the direction of greater restrictiveness. This follows from the political process that motivates its design. Most of the significant producers are directly satisfied or indirectly bought off; domestic producers by protection; exporters from powerful countries by exemption from protection and exporters from competitive restricted suppliers by the ability to enjoy the fruits of the cartelization that export restraints permit. Those most damaged consumers, other industries in the protecting countries, and potentially competitive exporters-either do not notice what is going on or are politically weak. They are, therefore, barely taken into account. Moreover, in many countries the particular sectoral actions are taken without public discussion or even visibility. The second lesson is that authorization of a system of selective safeguards tends to increase the resort to such measures. At the same time, the various restrictions on the right to exploit this privilege tend to erode. In other words, it is impossible in the long run to limit abuse of even tightly restricted permission to abuse a basic obligation like nondiscrimination. Each deviation is a precedent for the next until one reachs a stage like the present in textiles: a system based rather on coercion than on universally acceptable, economically sensible rules. In the light of this experience, the MFA can serve a purpose for those responsible for developing either a GATT code on safe-guards or commercial policy for vulnerable industries.

輸入代替型 經濟에서 輸出主導型經濟로 전환에 따른 韓國의 量的 輸入規制政策의 變化分析

김갑용 서울大學校 大學院 1987 국내석사