대중국 상계조치상의 보조금 분석과 통상법 쟁점 연구

As Chinese central and local governments provide numerous subsidies under the name of state capitalism, the United States, Canada, and EU are actively enforcing countervailing measures in order to cope with ever increasing Chinese exports and trade surplus. By recently concluding an FTA with China, Korea is also under strong pressure to prepare itself for potential enforcement of countervailing measures against China, in order to prevent damage on domestic industry. This study analyzes the legal basis and unique characteristics of China's subsidy measures that have been subjected to countervailing measures by WTO major trading countries. The paper sorted Chinese subsidies into four categories: 1) provision of goods by SOEs, 2) policy lending by SOBs, 3) tax benefits, and 4) grants. WTO cases, United States - Definitive Anti-Dumping and Countervailing Duties on Certain Products from China (DS379) and United States - Countervailing Duty Measures on Certain Products from China (DS437), are scrutinized for legal analysis. Eventually the paper lays out major concerns and implications for Korea's potential utilization of countervailing measures against China. Because the transitional economic system of China is the major source of ongoing trade conflict, disputes based on such extensive list of Chinese subsidy measures will only expand in the near future. Moreover, the WTO Panel and AB rulings also largely acknowledge the investigation decisions of the importing countries. Therefore, despite the political pressure, enforcement of a reasonable level of countervailing duty can be under consideration for Korea as well. Korea should equip itself with competitive investigation and enforcement capacity in order to counter, if needed, such broad and numerous Chinese subsidy measures.