한국의 일본산 수산물 수입 금지조치 법적 검토- SPS협정의 합치성을 중심으로 -

South Korea has banned fish imports from northern part of Japan due to growing concern over the potential environmental impacts caused by the highly radioactive water leaks from Japan's crippled Fukushima Daiichi nuclear power plant. In response to this, Japan has announced the possibility of filing a complaint against Korea with the World Trade Organization (WTO) for the import ban. While Japan called the import ban a violation of Art.2.2 of the SPS Agreement, South Korea argued that it was a provisional measure justified under Art.5.7 of the SPS Agreement. In order to adopt and maintain a provisional SPS measure, Art 5.7 sets out four requirements which must be met. In this case, especially (1) that the measure be imposed in respect of a situation where ‘'relevant scientific information is insufficient’'; and (2) that the measure be adopted ‘'on the basis of available pertinent information’' will be matters at issue. Given the fact that Japanese nuclear reactor had leaked radioactive water can cast doubt on the pre-existed assessment of risks, the situation is where ‘'relevant scientific information is insufficient’' and South Korea came up with measures based on available pertinent information, the measure can be justified under Art. 5.7. However, if Japan argued Korea's import ban was inconsistent with Korea’s obligations under articles 2.3 or 5.5 of the SPS Agreement, there would be a possibility that the measure could be regarded as a violation of Article 2.3 and 5.5, in which it regulates members' obligations of avoiding arbitrary or unjustifiable distinctions, because Korea has not regulated Russian and Korean fishing vessel from fishing in Japanese coast while it has banned Japanese fisheries products imported from Fukushima and seven other nearby prefectures.