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The Evolution of Outward Processing Scheme in Korea’s FTAs: The Case of the Gaeseong Industrial Complex in Korea-ASEAN and Korea-Vietnam FTA

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Authors
Park, Jeongjoon
Issue Date
2016-06
Publisher
Institute of International Affairs, Graduate School of International Studies, Seoul National University
Citation
Journal of International and Area Studies, Vol.23 No.1, pp. 99-125
Keywords
Inter-Korean TradeGaeseong Industrial ComplexOutward Processing SchemeKorea-ASEAN FTAKorea-Vietnam FTA
Abstract
South-North Korean trade, also often referred to as inter- or Intra-Korean trade, is politically and diplomatically justifiable but legally controversial. Under the GATT and WTO regime, regardless of kind, a treatment by a Member ‘nation’ to another must immediately and unconditionally be applied to all other Member countries in the equal manner. Because under the South Korean Constitution, North Korea is not identified as a ‘nation’ but a partial territory of the Korean peninsula, all the goods delivered in and out between the two are therefore duty-free – that is to say, no tariff is applied. From the other parts of the world, however, both South and North Korea are the independent Members of the UN, and thus provoke the non-discriminatory treatment irony. South Korea runs the Gaeseong Industrial Complex on North Korean soil, and has constantly included the special consideration for the products manufactured in the Complex and carried into South Korea under the name of outward processing scheme (OPS) in order to label them as originating from South Korea. This paper investigates the changes and developments made within such frame, particularly based upon the present schemes in Korea-ASEAN and Korea-Vietnam FTA, then suggests a more advanced model, which could be considered in Korea’s future FTA negotiations.
ISSN
1226-8550
Language
English
URI
http://hdl.handle.net/10371/96922
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Graduate School of International Studies (국제대학원)Dept. of International Studies (국제학과)Journal of International and Area StudiesJournal of International and Area Studies vol.23 (2016)
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