러시아의 돼지 수입금지에 관한 WTO 판례 연구 -SPS협정 제6조 지역화의 해석을 중심으로-

For pig products, Russia banned its imports from the entire EU after the African Swine Fever(ASF) outbreaks in Lithuania on 24th January 2014, and EU filed Russia to the WTO. This article focuses on the Russia’s EU-wide ban on pig products from the entire EU territory. It is significant to review the Russian Federation — Measures on the Importation of Live Pigs, Pork and Other Pig Products from the European Union Case from the perspective that the WTO case specifies the meanings and concepts of Article 6 of the WTO SPS Agreement. First, this case clarifies that the adaptation of an importing country’s SPS measure in the Article 6.1 shall take count into the SPS characteristics of importing county, and this consideration shall be based on the Article 5(Risk Assessment). Second, the case identifies the meaning of the phrase “recognize the concepts of a region” in the Article 6.2 as “operate the practical procedures for recognition of regionalization in an importing country”. Third, the case analyzes the meaning of “necessary evidence” in the Article 6.3 for the first time among the WTO Dispute Cases. With the clarifications of the meaning of Article 6 of the WTO SPS Agreement as mentioned above, this requires Korean government to consider its analysis and findings in the case, and to complete our regulations, if needed, in preparation for preventing unnecessary WTO SPS disputes in the future. Also, it is meaningful to review the case as considering the escalating duties of Parties in the CPTPP or RCEP SPS Chapters, and the ASF outbreaks in Korea from 2019.