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EU 반덤핑법상 피해의 개념 및 그 결정 기준에 관한 고찰
전정기(Cheong Ghi Chun),채형복(Hyung Bok Chae) 한국유럽학회 1999 유럽연구 Vol.9 No.-
The main task of the European Community is to improve the economic situation and standard of living of the states belonging to it by establishing a common market. In order to achieve this task, the Community takes many measures including the establishment of common customs tariffs and of a common commercial policy toward third countries. When taking account of trade instruments governing the Community`s external trade, measures concerned with unfair trade are paid more attention than measures designed to control normal trade. According to the article 133 of EC Treaty revised by Amsterdam Treaty, measures against unfair trade should be based on uniform principles, particularly the achievement of uniformity in measures to protect trade, such as those to be taken in case of dumping Concerned with anti-dumping measures, the Commission of the European Union has made Korea one of the main target countries because Korea is pressing to export more of the products which the Community is struggling to protect its industry through anti-dumping measures from injury. Under the EU anti-dumping regulation, anti-dumping measures may only be imposed where the dumping caused or threatens to cause material injury to an established industry or materially retards the establishment of such an industry in the EU. Therefore, in this thesis, it will be analysed what kind of allegation of injury may justify the using of anti-dumping measures, because the Commission has retained a very wide field of discretion in this area This thesis is composed of six chapters. In chapter I, obvious conflicts in the rules between GATT and the EU are analyzed, and aims and scope of this thesis have been introduced. In chapter Ⅱ, whether the complaints constitute a major proportion of the total Community production of the like products has been examined. In chapter Ⅲ, the most complex requirement that is the material injury, including a threat of material injury and material retardation of establishment of Community industry, has been explained and analyzed. In chapter Ⅳ and Ⅴ, cumulation and causation between dumping and injury including injury margin have been explained. 1 stly, in chapter Ⅵ, based on analysis, when injury is determined, unreasonable protectionist bias in rules and practice of EU anti-dumping laws is pointed out and some proposals on the anti-dumping rules and practice are offered, as a conclusion.
GATT 1994 제20조(a) 공중도덕 보호를 위한 예외에 관한 연구
전정기(Cheong-Ghi Chun) 한국무역연구원 2018 무역연구 Vol.14 No.1
The GATT/WTO system, which is aimed at free trade, prohibits discrimination between imported goods, and between imported and domestic goods, but exceptions are allowed in certain cases. Such exceptions are listed in GATT 1994 Article XX. The public morals exception is shortly stated in the first clause of Article XX of the GATT 1994, which is “necessary to protect public morals”. Therefore, questions such as the concept of ‘public morals’, who is in charge of deciding such public morals, what is the meaning of ‘necessary’ are left to be solved through interpretation. There are various ways to interpret the GATT/WTO agreement, but this paper focuses only on the interpretation of the Panel and the Appellate Body of the WTO DSB (dispute settlement Body). The Panel and the Appellate Body consider the term “public morals” refers to the standards of right and wrong behavior maintained by or on behalf of a community or nation, and the content of public moral for members may vary with time and space. In order to precisely interpret it, cultural, ethical, religious values, and many other factors should be considered. For the purpose of the interpretation of “necessity” to protect public morals, following elements should be evaluated and be “weighing and balancing”; (a) the importance of the interests or values that the measures are intended to protect, (b) the extent to which the measures contribute to the realization of the ends respectively pursued by the measures, and (c) the respective trade impact of the measures.
전정기(Chun Cheong Ghi),이우석 법무부 국제법무정책과 2005 통상법률 Vol.- No.65
The objects of this study is to survey the institute of electronic notarization Which is used to refer to the action which is to prevent the conflict caused by on-line legal action including electronic transactions through the third party involvement, in JAPAN. The institute of electronic notarization started by reforming statute of notary in Japan, in 2001. The nominated electronic notary who is designated by the Minister of Justice in a qualified notary public, does electronic notarization as a trusted third party. The person who have electronic documents can notarize electronic documents and certify their authenticity all online, just as public notaries do on paper documents face to face. And he can store their registered files and give access to their registered files to the individuals they designate. This institution is expected to be enable to remedy this insecurity and risk of electronic commerce.
WTO체제하에서 환경보호를 목적으로 한 무역규제의 허용범위에 관한 고찰
전정기(Chun Cheong Ghi),이성형 법무부 국제법무정책과 2007 통상법률 Vol.- No.73
After the early 1970s, there was growing international concern regarding the environment protection. Under the WTO, the problem of environmental protection relates with trade liberalization. In the Preamble to the Marrakesh Agreement, WTO Members affirm the importance of working towards sustainable development. However, there is clear limitation that the WTO is not an environmental protection agency and that it does not aspire to become one. In addressing the link between trade and environment, trade liberalization and environment protection policies can complement each other. To address this, the WTO's role is to continue to liberalize trade, as well as to ensure that environmental policies do not act as obstacles to trade, and that trade rules do not stand in the way of adequate domestic environmental protection. This article aims at focusing the possible scope for WTO members to adopt national environmental protection measures. In conclusion, the scope depends on interpretation of article XX of GATT/WTO.