한미 FTA에 대한 憲法的 爭點의 檢討

Study on constitutional issues of U.S. - South Korea FTACho, So-YoungThere was significant activity in 2007 in the area of international trade. The United States and other countries continued to pursue a series of bilateral and regional free trade agreements (FTAs) in order to move forward on the trade liberalization that was not being achieved in the WTO process. South Korea engaged in FTA negotiations and signed new agreements with the U.S. on April 2, 2007. Some key trade issues were challenged at the WTO, including the United States' use of a “zeroing” methodology in antidumping cases, the application of international law in domestic cases, and what constitutes appropriate implementation of a WTO panel decision. On February 2, 2006, the Administration announced that it would begin talks with U.S., which could lead to the “most commercially significant” U.S. FTA since the North American Free Trade Agreement (NAFTA). The United States and Korea's talks, however, hit major roadblocks on key issues such as market access for rice, automobiles, and other manufacturing sectors. But the Administration made a humiliating consession to their demands, issued agreement kept on engaging and negotiations were completed before trade promotion authority expires in July 2007. This negotiation process disclosed several problems from democratic points. For example, sovereign authority, protection of fundamental rights, separation of powers, rule of law. This article studied on Article 60 Clause 1 of Constitution that provised treaty-making powers of President and the National Assembly approval of treaty. I divided valid requisite of treaty domestically into procedural and substantial, then I examined each condition about FTA on the basis of this mechanism.