SPS협정상 조류독감에 따른 수입규제에 대한 연구 - WTO 분쟁사례를 중심으로 -

The number of confirmed Highly Pathogenic Avian Influenza(HPAI) countries reported to the World Organization for Animal Health(OIE) has risen from 18 in 2014 to 27 in 2015, the Korean government said. World Trade Organization(WTO) members have the fundamental right to take sanitary and phytosanitary measures necessary for the protection of their humans, animals, and plants from avian influenza(AI). The basic obligation under the Agreement on the Application of Sanitary and Phytosanitary Measures(also known as the SPS Agreement) is to ensure that trade measures aimed at protecting health are based on scientific principles and not maintained without sufficient scientific evidence. This thesis focuses on the interpretation of the regulations on avian influenza under the SPS Agreement. The SPS Agreement became official with the establishment of the WTO. After this time, two dispute cases have occurred; (1) US—Poultry(DS392) and (2) India—Agricultural Products(DS430). Concerned with these disputes, there are various methods for the interpretation of the SPS Agreement. This thesis analyzes the interpretations of the parties, the Panel and the Appellate Body in the WTO dispute cases. Furthermore, this thesis studies the problem and also the improvement of the Korean avian influenza import restriction measures.