한-중 FTA 협상의 법적 쟁점- 투명성⋅이행⋅분쟁해결제도를 중심으로

This article intends to review and analyze the FTA texts of China as well as Korea with regard to transparency, implementation mechanism, and dispute settlement process. Based upon the analysis, this paper presents some ideas which Korean negotiators should consider on the FTA negotiation with China. First, Korea and China need to establish various dialogue channels to deal with possible issues arising from trade between the two countries. Both countries may consult each other in order to deter the issue in advance before it is brought to the arbitral panel procedure. Second, negotiators should consider possible ways to enhance public participation and transparency in the dispute settlement process. Third, both countries need to review the dispute settlement mechanism of Korea-China FTA within a certain period of time. Such review mechanism may enable both countries to make dispute settlement process more feasible and effective. Fourth, FTA information should be timely available to the interested people. A feed-back system needs to be established in order to improve utilization of the FTA. Finally, in order to establish solid economic partnership between Korea and China, private sectors as well as governments continue to cooperate with their counterparts of the other country.