EU와 미국의 초국경 보조금 규제 동향 및 법적 쟁점

The United States (US), a pioneer in establishing the practice of imposing countervailing duties on subsidies in the international trade regime, initially sought to exclude financial assistance provided by foreign governments—such as World Bank aid, Japan’s war reparations to Korea, and the US Marshall Plan to Europe—from the scope of countervailable subsidies. However, with recent amendments to its antidumping and countervailing duty regulations, the United States has significantly shifted its trade policy by including foreign government subsidies granted across borders within the scope of countervailing measures. The European Union (EU), for its part, had already drawn international attention as early as 2020 by instituting the first countervailing duties on transnational subsidies. These developments reflect the increasing vigilance of both the US and the EU toward China’s growing international influence, particularly through the Belt and Road Initiative. Importantly, Korea is not exempt from investigations concerning such transnational subsidies. Against this backdrop, this paper empirically examines the regulatory approaches of the US and the EU toward transnational subsidies and conducts a comparative analysis of their legal foundations and institutional features. It further explores the applicability of the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures (ASCM) and assesses the scope of permissible responses under WTO law. Chapter 2 outlines the current regulatory practices in the US and the EU, classifying different types of transnational subsidies based on factual developments. Chapter 3 analyzes and compares the legal approaches of both jurisdictions. Chapter 4 examines whether transnational subsidies fall within the definition of a subsidy under the ASCM and identifies the range of countermeasures allowed under the agreement. Finally, Chapter 5 offers conclusions and policy implications based on the preceding analysis.