WTO 한국-방사성 핵종을 이유로 한 수입금지, 그리고 검사 및 증명요건 사건

The Dispute Settlement Body adopted the Appellate Body report on Korea – Import Bans, and Testing and Certification Requirements for Radionuclides and the Panel Report modified by it on 24 April 2019. On 21 March 2015, Japan requested for consultation under the WTO Agreement to Korea regarding certain measures taken after the Fukushima Nuclear Power Plant accident of 11 March 2011. The measure challenged include (i) the additional testing requirements adopted in 2011 for non-fishery products(except livestock); (ii) the product-specific import bans adopted in 2012 on Alaska pollock from one prefecture and on Pacific cod from five prefectures; (iii) the additional testing requirements adopted in 2013 for fishery and livestock products; and (iv) the blanket import ban adopted in 2013 on all fishery products from eight prefectures in relation to 28 fishery products. Japan claimed before the Panel that all of Korea’s challenged measures are in consistent with Article 5.6, Article 2.3, Article 7 and paras. 1 and 3 of Annex B and Article 8 and paras. (1)(a), 1(c), 1(e) and 1(g) of Annex C to the SPS Agreement. The Panel in this case found on 22 February 2018 that Korea’s measures were inconsistent with Art. 5.7, Art. 5.6, Art. 2.3, Art. 8 and Annex C and Article 7 and Annex B to the SPS Agreement. However, the Appellate Body reversed all the Panel findings except a finding on the violation of transparency under the Article 7 and Annex B to the SPS Agreement on 11 April 2019. This case is known to be the first SPS dispute case where the major panel findings were reversed in the Appellate Proceedings. While Korea has to comply with the transparency obligation related to sanitary and phytosanitary regulations, Korea is able to keep its import ban on the Japanese fishery products and additional testing requirements for Japanese food products.