A STUDY ON THE GOVERNMENT PROCUREMENT PROVISIONS OF KOREAN FREE TRADE AGREEMENTS- CENTERING ON THE CASE OF KOREA-US FTA -

Among the FTAs (Korea-Chile FTA, Korea-Singapore FTA, Korea-EFTA FTA, Korea-the United States FTA and Korea-EU FTA) signed by Korea which includes government procurement sector, Korea-United States FTA contains the most positive efforts to realize free and fair trade for government procurement, while it applies GPA provisions and also establishes additional obligations as well. Both Korea and the United States have sought to expand access to both parties’ government procurement markets, through negotiations on government procurement under KORUS FTA attached greater importance to providing opportunities to small and medium enterprises. Accordingly, both parties achieved the result of reaching an agreement on the FTA, including reducing thresholds related central (federal) government procurement, prohibiting the imposition of the conditions concerning prior work experience in conducting tenders and including public works concession or concessions among the projects covered by government procurement. Notwithstanding the foregoing, it is deemed that, through such negotiations, small and medium enterprises in both parties have a very limited opportunity to access the government procurement markets of the other party. At the same time, the issues regarding mutual recognition of guarantee bond and technical personnel have yet to be solved. This article reviewed the result of the negotiations on government procurement for KORUS FTA, from the aspect of free trade aiming to remove many trade barriers in order to promote free movement of goods and labor among countries.