WTO 한-일 방사능핵종 사건의 주요쟁점에 관한 연구(2)

A Study on Major Issue of WTO Korea-Radionuclides (Japan) Case (2): Focus on Procedural Aspects

Purpose - The purpose of this study is to review some major legal issues of Korea-Radionuclides (Japan) case, specifically focus on procedural issues relative to transparency (Article 7 and Annex B) and approval procedures (Article 8 and Annex C) of the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). Design/methodology/approach - This study analyzes the Panel and the Appellate Body report on Korea - Radionuclides (Japan) case to examine the issues on procedural aspects of the case and check the status of Korea’s implementation of the Panel’s and Appellate Body’s finding that Korea acted inconsistently with the SPS Agreement. Findings - The publication of an adopted SPS regulation must be accessible to interested Members and contain sufficient information so as to give the means to interested Members to become familiar with it. Nevertheless, in Korea-Radionuclides (Japan) case, Korea’s publications did not contain sufficient information and were not posted in appropriate locations. Research implications or Originality - This study clarified the scope of the obligation to publish under Article 7 and Annex B(1) of the SPS Agreement and interpret the meaning of the ‘like product’ under Article 8 and Annex C(1)(a) of the SPS Agreement.