일본의 수출통제제도에 관한 연구

Considering that export control system has been used to secure its national interests, Japan’s export restriction measures on South Korea in July 2019 certainly have significant implications. The purpose of this study was to provide better understanding of not only Japan’s recent export control regulations and their implementation but also the formation and change processes of the export control system. The main findings were as follows. First, Japan’s export control system was formed based on the regime in the Cold War era, which then evolved over the last 70 years to respond to changes in the international security environment. Second, it was found that Japan’s export control system has characteristics such as flexibility of implementation and ease of intervention by government authorities. Moreover, Japanese export companies have a lot of responsibility to protect national security. Finally, the results of the analysis showed that Japan has artfully utilized its complex export control system to put diplomatic pressure on South Korea, implying and maintaining the possibility of further export restrictions on critical parts and materials necessary for the production of South Korea’s major export items. In September 2019, South Korea filed a complaint with the WTO against Japan’s measures to restrict exports of fluorinated polyimide, resist polymers, and hydrogen fluoride, as well as their related technologies. If the dispute settlement procedure is initiated, Japan is likely to invoke GATT Article XXI in its defense. In terms of the dispute over measures for national security purposes, the Panel Report on Russia - Measures Concerning Traffic in Transit (DS512) provides a clue for the interpretation of the national security exception clause. Since the Japanese government has the burden of proof on its essential security interests and the necessity of the export restriction measures, Japan’s main argument may include the inadequacy of South Korea’s export control practices.