한-일 상업용 선박 사건의 주요 쟁점에 관한 연구

A Study on the Major Issue of WTO Korea-Commercial Vessels (Japan) Case: A Focus on WTO Dispute Cases

Purpose - This thesis is a study on the interpretation and application of the ‘public body’ and ‘private body’, ‘entrusts or directs’, and ‘benefit’ of Article 1.1 of the Agreement on Subsidies and Countervailing Measures. Design/Methodology/Approach - Although there are many ways to interpret the SPS Agreement, this study analyzed the arguments of the parties and the interpretations of the panel and appellate body that appeared through WTO dispute cases related to this provision. Findings - A public body within the meaning of Article 1.1.(a)(1) of the SCM Agreement must be an entity that possesses, exercises, or is vested with governmental authority. In addition, ‘entrustment’ occurs where a government gives responsibility to a private body, and ‘direction’ refers to situations where the government exercises its authority over a private body. Additionally, a ‘benefit’ arises under each of the guidelines if the recipient has received a financial contribution on terms more favorable than those available to the recipient in the market. Research Implications - In the process of restructuring domestic industry, there is a need for the government to implement policies by paying attention to the changed interpretation of the ‘public body’ and ‘entrusts or directs’.