대외무역법과 유전자원법의 관련성 및 개선 방향에 관한 연구

In addition, the import and export instructions under Article 12 of the Foreign Trade Act, the report on access/change under Article 9 of the Genetic Resources Act, and the report on compliance with the procedure under Article 15 need to be harmonized between the two Acts in the case of overlapping issues regarding the same subject in the procedure. For example, by revising the Foreign Trade Act to explicitly stipulate that the general contents of the import and export procedure of biological genetic resources in accordance with the Genetic Resources Act (including enforcement ordinances and enforcement regulations) can be a way to avoid conflict with the subject of the same regulation. And while Article 11, Paragraph 1 of the Foreign Trade Act, which can restrict or ban imports and exports for the protection of biological genetic resources, has the meaning as some restrictions on free trade, the main content of the Genetic Resources Act is the state's sovereign right over biological genetic resources. In other words, since the access reporting system is generally operated and exceptions are made in Article 10 to allow free trade, an appropriate harmony is required between the two. For example, it is necessary to consider a method of revising the Foreign Trade Act to comply with the regulations of the Genetic Resources Act (Articles 9 and 10) in relation to the protection of biological genetic resources. This is basically a problem that arises because the Foreign Trade Act was enacted on the basis of trade liberalization, whereas the Genetic Resources Act was enacted on the basis of national control based on the protection of the state's sovereign rights over biological genetic resources. In the end, there seems to be a need for an agreement between the two on whether free trade or restrictions on trade will be the principle and the other will be an exception. In addition, the import and export instructions under Article 12 of the Foreign Trade Act, the report on access/change under Article 9 of the Genetic Resources Act, and the report on compliance with the procedure under Article 15 need to be harmonized between the two Acts in the case of overlapping issues regarding the same subject in the procedure. For example, by revising the Foreign Trade Act to explicitly stipulate that the general contents of the import and export procedure of biological genetic resources in accordance with the Genetic Resources Act (including enforcement ordinances and enforcement regulations) can be a way to avoid conflict with the subject of the same regulation. And while Article 11, Paragraph 1 of the Foreign Trade Act, which can restrict or ban imports and exports for the protection of biological genetic resources, has the meaning as some restrictions on free trade, the main content of the Genetic Resources Act is the state's sovereign right over biological genetic resources. In other words, since the access reporting system is generally operated and exceptions are made in Article 10 to allow free trade, an appropriate harmony is required between the two. For example, it is necessary to consider a method of revising the Foreign Trade Act to comply with the regulations of the Genetic Resources Act (Articles 9 and 10) in relation to the protection of biological genetic resources. This is basically a problem that arises because the Foreign Trade Act was enacted on the basis of trade liberalization, whereas the Genetic Resources Act was enacted on the basis of national control based on the protection of the state's sovereign rights over biological genetic resources. In the end, there seems to be a need for an agreement between the two on whether free trade or restrictions on trade will be the principle and the other will be an exception.