Ahn, Dukgeun --- "Trade Laws and Regulations in Korea: Safeguard Measures" [2011] ELECD 190; in Chang, Wha Seung; Choi, Won-Mog (eds), "Trade Law and Regulation in Korea" (Edward Elgar Publishing, 2011)

Book Title: Trade Law and Regulation in Korea

Editor(s): Chang, Wha Seung; Choi, Won-Mog

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847209221

Section: Chapter 4

Section Title: Trade Laws and Regulations in Korea: Safeguard Measures

Author(s): Ahn, Dukgeun

Number of pages: 15

Extract:

4. Trade laws and regulations in
Korea: safeguard measures
Dukgeun Ahn

1. HISTORIC DEVELOPMENT OF SAFEGUARD
SYSTEMS IN KOREA

As in many other developing countries, the Korean government used
to rely mainly on safeguard actions, rather than anti-dumping actions,
at an early stage of its trade remedy system.1 The frequency to use safe-
guard actions was, however, substantially reduced after the World Trade
Organization (WTO) was established in 1995. A more detailed account of
historic development follows in the sections below.

1.1. Safeguard Measures in the General Agreement on Tariffs and Trade
(GATT) Period

After the Korea Trade Commission (KTC) was established in 1987 as
the main trade remedy institution, the safeguard action had been the
major trade remedy instrument for the Korean government particularly
during 1989 to 1992. As shown in Table 4.1, many investigations initiated
between 1989 and 1991 actually resulted in positive determination.
Among the 25 investigation requests during 1987­1994, only nine requests

Table 4.1 Annual trend of safeguard investigation under the GATT
system

87 88 89 90 91 92 93 94
Investigation Request 1 2 7 5 4 3 0 3
Positive Determination 0 2 6 3 4 0 0 1
Negative Determination 1 0 1 2 0 3 0 2



1 The Korean government has never used a countervailing action yet.

79
80 Trade law and regulation in Korea

ended up with no positive measures. Actually, investigation requests were
withdrawn by petitioners in seven cases. It is also noted ...