WTO분쟁해결제도와 한국의 경험
사회과학 > 법학
최원목 ( Won Mog Choi )
이화여자대학교 법학연구소
법학논집 2005년, 제9권 제2호, 187~201페이지(총15페이지)
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    One tends to have fear for doing something that one has never done before. To Korea this fear remained too long, considering that Korea could finally raise the first WTO complaint only in July 1997 after having already been complained against by other countries in five cases since the establishment of the WTO. In addition, this fear had by Korea was particularly stronger towards the United States which was in special security relationship with Korea. Despite the clear fact that over a decade the United States had been taking illegal anti-dumping regulations upon Korean major exports including color TVs, Korea was reluctant to raise WTO complaints and request the establishment of panel against the United States. However, through experiences of WTO settlements in early disputes, Korea came to realize that it does not need to have fear for the WTO solution because of concerns for special relationship between Korea and the United States, and that benefits of depoliticization of politically unable to revoke the anti-dumping measure by itself due to strong political pressures from domestic interest groups including labor unions. To Korea and the US the WTO DSP should not remain as a last resort in settling trade disputes but it must function as an alternative that is readily available to decision makers of both countries. In these days, one sees that Korea proceeds to WTO DSP without unnecessary hesitations in such cases as DRAM Anti-dumping, Stainless Steel Anti-dumping Linepipe Safeguard, Byrd Amendment, and DRAM Countervailing against the US. This shows that Korea became an active Participant in the WTO dispute settlement system and is ready to receive benefits of ``depoliticization`` of trade disputes arising from the system. Fear was finally overcome. Given the fact that Korean export is steadily growing and that China joined the WTO, it is expected that Korea would accelerate this move of ``practical legalism`` in the future.
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