식품안전에 관한 민간표준 연구 - 시장접근과 식품안전의 조화를 추구하며 -

The advent of private standards have brought a hot debate on whether private standards are an impediment to access to food market between developing countries and developed countries in international trade. Key issues of the debate on SPS related private standards are as follows: first, whether private standards could be discussed within WTO legal framework? Second, whether the definition and scope of private standard could be clarified? WTO/SPS Committee has been discussing its specific roles of WTO/SPS Committee on the basis of Member states' opinions and work done by three sister organizations called the CODEX, OIE and IPPC for the development and operation of private standards in formal and informal meetings. Although excessive intervention of a national government to private standards should be constrained, it is difficult to deny the role of the private standards in the sustainable protection of human life and health or facilitation of access to food market. It is necessary for the Korean government to decide and express its consistant stance on private standards encompassing SPS and TBT to address seemingly conflicting issues: food safety and market access. As private standards have negative and positive effects at the same time in terms of international trade, it is possible to strengthen competitiveness of exporting companies through maximizing positive effects as a result of compliance with detailed private standards of developed countries. The setting and operation of private standards should be managed in accordance with key principles of WTO/SPS Agreement, which are non-discrimination,necessity and science-based principles to positively activate private standards in international trade. The adequate harmonization of public and private standards and the implementation of those standards should be highlighted to promote access to market. In any circumstances, private standards should not be used as a disguised measure to restrict trade and it is critical to build monitoring and consultative mechanism to prevent this.