S-Space College of Law/Law School (법과대학/대학원) The Law Research Institute (법학연구소) Journal of Korean Law Journal of Korean Law Volume 06 Number 1/2 (2006)
Korean Legislations and Related Legal Instruments in the WTO Anti-Subsidy Jurisprudence
- Cho, In Yeung J.
- Issue Date
- BK 21 law
- Journal of Korean Law, Vol.6 No.2, pp. 220-247
- The purpose of this note is to survey certain Korean legislations the WTO compatibility of which were tested in the recent WTO anti-subsidy cases involving Korea and Hynix. The Hynix proceedings originated from the imposition by the U.S. Department of Commerce of countervailing duties on Hynix DRAMS on the basis that the Government of Korea had subsidized the chipmaker in contravention of
Korea’s international obligations. In its final published determination, the DOC considered various Korean legislations pursuant to which it determined the Korean government could entrust or direct Hynix’s lenders and the banking sector of Korea more in general to provide preferential financing
aimed at Hynix. The note critically appraises the DOC findings on each of the legislations and the Panel and, where appropriate, Appellate Body treatment of them in the subsequent WTO dispute settlement context. In addition to the legislations involved, the note probes certain legal instruments
considered by the DOC as proof of GOK direction or entrustment involving Hynix’s creditors. The note ends with certain policy suggestions in connection with the legal instruments.
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