Legal Analysis of Public Interest in Anti-Dumping Practice: Focusing on Korea-EU FTA

Purpose - This paper analyzes the public interest clause in the Korea-EU Free Trade Agreement (FTA), examining current practices and proposing interpretations when anti-dumping regimes of other countries are included in Korea’s FTAs. Design/Methodology - The study employs a literature review to examine public interest in various contexts, including WTO agreements, Korean Customs Act, and EU anti-dumping law. It also analyzes public interest provisions in FTAs signed by Korea and the EU, along with practices of the Korea Trade Commission (KTC) and European Commission. Findings - The research reveals that Korean customs law implicitly requires public interest consideration in anti-dumping investigations, negating the need to rely solely on the Korea- EU FTA. Public interest provisions in Korea’s FTAs are interpreted as a means to harmonize international law, rather than imposing “WTO-plus” obligations. The study criticizes the KTC’s approach of treating public interest as a separate factor for EU-origin goods, noting that this practice encroaches on the Ministry of Economy and Finance’s authority and may lead to protectionist outcomes. Originality/value - This study provides a novel analysis of the public interest clause in the Korea-EU FTA, an area that has received limited academic and practical attention. It argues that public interest clauses in FTAs generally reflect existing domestic provisions and cautions against assigning them special meaning. The paper highlights concern about the KTC’s current practice, which risks becoming a protectionist tool and potentially discriminates against EU countries by applying considerations already mandated by Korean Customs Act for all countries.