미국의 강제노동 관련 수입 규제에 대한 미국 국제무역법원(CIT)의 사법 구제 연구 - Hoshine Silicon, Ninestar 사건을 중심으로-

This paper analyzes the legal issues and implications of strengthened forced labor-related import regulations in the global trade environment, focusing on the U.S. forced labor-related import regulation legal framework and judicial review cases by the U.S. Court of International Trade. U.S. forced labor-related import prohibition regulations, based on Section 307 of the Tariff Act of 1930, have evolved from the existing Withhold Release Order (WRO) system to the Uyghur Forced Labor Prevention Act (UFLPA) and Section 321(b) of the Countering America's Adversaries Through Sanctions Act (CAATSA), expanding beyond simple customs-level regulations to economic sanctions across global supply chains. This regulatory strengthening does not merely block the import of specific products, but encompasses entire corporate supply chains, requiring the establishment of continuous and substantive human rights due diligence and internal control systems. In particular, this paper analyzes how the U.S. Court of International Trade (CIT) expanded the scope of judicial review in the enforcement process of forced labor-related import prohibition measures under WRO and UFLPA, focusing on the Hoshine Silicon Industry Co. v. United States case and the Ninestar Corp. v. United States case. Although both cases did not reach substantive judgment, by opening the possibility of judicial review by the CIT for measures based on Section 307 of the Tariff Act of 1930, they established a pathway for companies to challenge related measures through the CIT in the future. In the Hoshine case, issues of procedural legitimacy regarding CBP's WRO issuance and rejection of WRO modification applications, party standing, and the scope of administrative agency discretion became contentious, while in the Ninestar case, CIT jurisdiction to determine the legitimacy of UFLPA Entity List designation and recognition of preliminary injunctions were addressed. These rulings provide important legal standards for effective enforcement of forced labor regulations and corporate response strategy development amid administrative agency discretion and transparency issues, corporate burden of proof, and strengthening international cooperation trends. Furthermore, this study anticipates the potential for the strengthening of forced labor regulations in major trading partners such as the United States and the EU, along with the formation of a multilateral governance framework, to develop into a multilateral trade law governance system for human rights protection in global supply chains. Additionally, it seeks to examine the consistency of U.S. forced labor regulations with existing multilateral norms under the WTO and ILO.