미국의 對중국 무역방어제도와 투자제한 정책에 관한 고찰 －중국의 ‘강제기술이전’을 중심으로－

In the past, China effectively forced technology transfer from foreign companies through compulsory joint ventures and unfavorable terms in technology licensing contracts. Although these appeared as lawful investment policies on the surface, they were strategic measures aimed at acquiring foreign companies’ core technologies. In response, the United States filed a complaint against China with the WTO for violating the TRIPs Agreement and has implemented policies to regulate investments in China by U.S. firms. Investment screening mechanisms and trade defense instruments have evolved beyond simple economic policies to serve as strategic tools for economic security. While traditional trade defense measures such as anti-dumping and countervailing duties under the WTO framework were mainly applied to goods trade, the expansion of global supply chains has blurred the lines between investment and trade, leading to increased trade circumvention based on investment. This has intensified conflicts between trade defense actions and investment protection norms. U.S. investment restrictions on China have shifted from economic interdependence toward risk mitigation centered on national security. By introducing foreign direct investment screening as a new economic security tool, these policies encourage companies to diversify production and R&D bases outside China, likely accelerating global supply chain restructuring and reducing dependence on Chinese technology. The FIGHT China Act, currently pending, is expected to pass given the U.S. Congress’s tough stance on China and heightened national security concerns in advanced technology sectors. Ultimately, U.S. investment restrictions and regulations should be understood as strategic responses to technological hegemony competition rather than mere protectionism. As the U.S.-China conflict prolongs, disputes surrounding technology and investment are likely to increase, and global supply chain realignment will accelerate. Accordingly, countries must design investment screening regimes more precisely and ensure consistency with trade defense measures to secure technological security and protect strategic industries. Preventing technology leakage, blocking circumvention of trade measures, and harmonizing with international norms will be critical challenges in the international economic order. We need to establish legal and policy strategies to respond to U.S.-China technological competition while considering our strategic position within the global supply chain.