전략물자수출통제 제도에 관한 소고 - 대외무역법상의 경유·환적 제도를 중심으로 -

International export control regimes attach much significance to the control of transit or transshipment. Both an exporting country and an importing country are confronted with difficulty in direct application and/or enforcement of their domestic regulations relating to transit or transshipment because the conduct is carried out outside of their the domain. In theory, the problem of illegal export does not take place where transit/transshipment countries enact and enforce the same level of implementation legislation as importing or exporting countries. However, in practice, the content and enforcement of implementation legislation differs by country, and an exporting or importing country need establish control regulations. For this reason, transit or transshipment is emerging as a bypass for illegal export of the goods which contribute to the proliferation of WMDs or items subject to sanctions against the DPRK. The midterm report of the Panel of Experts submitted pursuant to resolution 2515 (2020), adopted in 2020, particularly points out that illegal exports which violate sanctions against the DPRK are being carried out through transit and transshipment and both domestic and foreign media often deal with the cases. The report raised the question strongly of avoiding sanctions against DPRK due to the ship-to-ship transfer at the high sea. The international community has adopted the resolution of the UN Security Council to make it mandatory for member states to enact and enforce implementation legislation to control transit and transshipment, and control the illegal transit or transshipment exports of certain conventional weapons by signing of the Arms Trade Treaty.In the meantime, the Wassenaar Arrangement, one of the multilateral export control systems, has adopted the Best Practice Guidelines for Transit or Transshipment under the leadership of the United States, making efforts to secure the unity of each country’s implementation legislation. In Korea, the Foreign Trade Act, which is the framework law for the export control of strategic goods, stipulates control rules for transit or transshipment. In January 2007, in the revision of the Foreign Trade Act, the transit or transshipment clauses were added to implement the UN Security Council Resolution 1540, and after that, the clauses were supplemented by amendments to the Act and its lower statutes. There are still some complementary points in its structure and content, however. This study is to find the precise structure and system after an analysis of Korean implementation legislation related to transit or transshipment for the purpose of supply chain control. Furthermore, this thesis attempted to contribute to the settlement of the legal system of the export control in Korea by reviewing the parts that need to be supplemented and suggesting improvement plans. Furthermore, this thesis attempted to contribute to the settlement of the legal system of the export control in Korea by reviewing the parts that need to be supplemented and suggesting improvement plans. The significance of this study is attached to the lack of preceeding researches which introduced or reviewed on the implementation legislation on transit and transshipment in spite of its growing importance.