WTO 協定 體制下 兩者間 貿易關聯 合意書의 法的 性格에 관한 小考

This paper purports to examine the legal nature of bilateral agreements that have been concluded by Korea under the WTO regime. For this analysis, this paper took account of WTO‘s relevant rules, the law of treaties and relevant domestic law of Korea. This paper examined 'Import Health Requirements for US Beef and Beef Products' between Korea and U.S.; Agreements on Import of Rice between Korea on the one hand and U.S., India, and Egypt on the other hand respectively; and Agreement relating to Garlic Trade between Korea and China. Firstly, in terms of WTO rules, the bilateral agreements are considered to be neither 'covered agreements’ nor 'international agreements incorporated in the covered agreements', and thus they are not within the ratione materie or applicable laws of the WTO dispute settlement mechanism. This means that a violation of these agreements cannot be a cause of actions under WTO regime. However, it should be noted that the bilateral agreements are supplementary interpretative elements which can be considered in interpretation and application of WTO rules between relevant Parties. In terms of domestic law, the bilateral agreements were negotiated and concluded within the discretionary power of the administrative government of Korea. In terms of the law of treaties, some of the bilateral agreements are intended to be treaties which purports to create rights and obligations under international law. However, it is to be noted that a political agreement is also important in international relations and thus the distinction between political instrument and legal instrument might not have much importance in real international relations. However, it is hoped that the Government pay more attention as to what legal nature it is going to give to a bilateral agreement in the process of negotiating the agreement.