보조금 및 상계조치에 관한 협정상 ‘위임 또는 지시’의 해석과 적용

• 영문명: Interpretation and Application of ‘Entrusts or Directs’ in Agreement on Subsidies and Countervailing Measures
• 발행기관: 한국무역연구원
• 저자명: 이성형(Sung-Hyoung Lee) 전정기(Cheong-Ghi Chun)
• 간행물 정보: 『무역연구』제21권 제3호, 233~251쪽, 전체 19쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2025.06.30

국문 초록

Purpose - This thesis is a study on the interpretation and application of ‘entrusts or directs’ of Article 1.1 of the Agreement on Subsidies and Countervailing Measures. Design/Methodology/Approach - Although there are various ways to interpret this provision of the SCM Agreement, this study analyzed the interpretations of the panel and the appellate body and arguments of the parties that appeared through WTO dispute cases related to this provision. Findings - First, the meaning of ‘entrusts or directs’ is that the government gives responsibility to a private body, or exercises its authority over a private body, in order to effectuate a financial contribution. Second, ‘entrusts or directs’ must take the form of an affirmative act, but could be explicit or implicit, formal, or informal. Third, the demonstration of ‘delegation or direction’ can be comprehensive or individual, depending on the investigation method of the investigation agency. Fourth, an authority may be justified in drawing certain inferences, which may be adverse, from a failure to cooperate with the investigating authority. Fifth, general obligations established through legislation do not constitute ‘entrusts or directs’. Research Implications - In a restructuring process involving a private body, there is a need for the government to implement policies by paying attention to the above interpretation of ‘entrusts or directs’.

목차

Ⅰ. 서론

Ⅱ. US-Export Restraints (DS194) 사건

Ⅲ. Hynix D-RAM 사건

Ⅳ. US-Supercalendered Paper (DS505) 사건

Ⅴ. 결론

References

키워드

Agreement on Subsidies and Countervailing Measures (SCM Agreement) Definition of a Subside Entrusts or Directs Financial Contribution WTO Dispute Case