旣체결 FTA 반덤핑 협정문에 대한 분석 및 정책적 시사점

This paper analyzes anti-dumping provisions of Korea's FTA based on the analytic framework considering whether those are procedural or substantive, WTO-equivalent or WTO-plus, or legally binding or non-binding. Through all existing FTAs, Korea introduced WTO-plus provisions covering procedural issues such as notifying before initiating the anti-dumping investigation, providing consultation opportunities, and enhancing the transparency of the price undertakings process. Also, Korea endeavors to prevent excessive imposition and abuse of anti-dumping by strengthening substantive rules such as lesser duty rule, prohibition of zeroing, and review. In addition, this paper examines the WTO-plus elements in major FTAs with India, the US, and China and argues that it is meaningful to have WTO-plus elements in FTA negotiation considering both parties’ economic situations and its practice in anti-dumping investigation, and to continue seeking improvements in a new or upgrade FTA negotiations to help industries to respond anti-dumping investigations timely and properly.