한국과 중국이 ASEAN과 체결한 FTA 분쟁해결협정 비교 고찰

A Comparison of Korea and China’s FTA Dispute Settlement Agreements with ASEAN

With the Korea–China FTA negotiations currently on the line, the importance of research into the FTA dispute settlement system has been increasing. In this paper, a comparison of Korea and China’s FTA dispute settlement agreements concluded with ASEAN is contemplated, and implications for the future of the Korea–China FTA have been suggested. The FTA dispute settlement agreements with ASEAN concluded by both Korea and China provide perspectives on both sides. This agreement with ASEAN also provides a standard for the potential Korea–China FTA agreement. Specifically, the basis of these agreements with ASEAN is the same, although there are clear distinctions, described in a more detailed manner. A problem arises when there has been no discussion on dispute settlement agreements in Korea, especially of the agreement with ASEAN, whereas the opposite is true of the China counterpart. In this paper, Chinese academic FTA dispute settlement agreement studies have been also examined.