Hàn Quốc Regulation 2

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WORLD TRADE G/SG/N/1/KOR/2 11 October 1995 ORGANIZATION (95-2978) Original: English Committee on Safeguards NOTIFICATIONS OF LAWS, REGULATIONS AND ADMINISTRATIVE PROCEDURES RELATING TO SAFEGUARD MEASURES KOREA The following communication, dated 20 September 1995, has been received from the Permanent Mission of Korea _ With reference to Article 12.6 of the Agreement on Safeguards, and in response to the invitation contained in document G/SG/N/1/Suppl.1, I am very pleased to notify the Committee on Safeguards of the "Enforcement Decree of the Foreign Trade Act", which is a sub-rule to the Act I further call your attention to my letter dated 15 March 1995, which asked for your understanding of our delayed notification of the sub-rules to the Foreign Trade Act CHAPTER IV INVESTIGATION OF INDUSTRIAL DAMAGES OF IMPORT ON INDUSTRY SECTION Request and Investigation Article 64 (Interested Persons, etc.) The term "person who has interests in such domestic industry" in Article 32(1) of the Act means the following persons: Provided that, in the case as referred to in Sub-paragraph 1, the producer importing considerable quantities of such goods may be excluded: (Amended by Presidential Decree No 13922, July 1993) 1 Producers who occupy more than 20/100 of the output or the number of enterprises in the domestic industry: Provided that, in the case of the agricultural, forestry and fishery industry, five or more producers of such goods; Provider of services, who occupies more than 20/100 of the supplied amount or the number of enterprises in the domestic industry; Person to be protected under the domestic laws and regulations concerned, in the case as prescribed in Sub-paragraph of Article 32(1) of the Act; and Association, partnership or industrial union composed of producers in the domestic industry or providers of services [This Article Wholly Amended by Presidential Decree No 12949, March 1990] Article 65 (Request for Industrial Damage Investigation) (1) Any person who desires to request under Article 32(1) of the Act (hereinafter referred to as "requesting person"), that the damage of the domestic industry caused by import, etc of specified goods is investigated (hereinafter referred to as "industrial damage investigation"), shall submit a written request specifying the following matters (hereinafter referred to as "written request") with necessary documentary evidence to the Trade Commission: (Amended by Presidential Decree No 13922, July 1993) Denomination, standards, properties and uses of the goods, the name of producer or contents, kinds, features and uses of the service and the name of provider; Exporter, importer and actual import record (quantity and amount) of the goods, estimated import quantity thereof in a specified period, or provider, person to be provided and actual supply record of the service, and estimated supply amount in a specified period; Denomination, standards, properties and uses of the domestic goods of the like or directly competitive and the name of producer thereof, or contents, kinds, features and uses of service and the name of provider: Provided that, in the case as prescribed in Subparagraph of Article 32(1) of the Act, the infringed right, etc and the contents thereof shall be specified; Situation in which import, etc of specified goods cause or threaten to cause serious damage; Contents and extent of the support which the domestic industry receives under laws and regulations relating to the industrial support; Contents, extent and period of measures requested to remedy damages of the domestic industry; and In the case where the appended materials are submitted under the condition that they be treated as confidential, the reason thereof (2) Deleted (By Presidential Decree No 13922, July 1993) [This Article Wholly Amended by Presidential Decree No 12949, March 1990] Article 66 (Determination of Commencement of Industrial Damage Investigation) (1) In determining whether or not an industrial damage investigation is to be commenced under Article 33(1) of the Act, the Trade Commission may determine not to commence the investigation in any of the following cases: (Amended by Presidential Decree No 13922, July 1993) Where the written request and documentary evidence are incomplete and the requesting person is instructed to supplement them, but he fails to comply with it; and Where, as a result of examination of the written request and documentary evidence, it is not certified that import, etc., of the specified goods cause or threaten to cause serious damage (2) When the Trade Commission determines whether or not the industrial damage investigation is to be commenced under Article 33(1) of the Act, it shall publish the fact in the official Gazette and notify the contents thereof to the requesting person [This Article Wholly Amended by Presidential Decree No 12949, March 1990] Article 67 (Constitution, etc of Industrial Damage Investigation Committee) (1) If it is deemed necessary for conducting an industrial damage investigation, the Trade Commission may constitute an investigation committee composed of the following persons (hereinafter referred to as "investigation committee"): Public officials who belong to the Trade Commission; Public officials under control of the administrative agency taking charge of the industry concerned; Officers and staff of a government-contributed institute or organization related to the industry concerned; Persons having qualification for lawyer, patent attorney or certified public accountant; and Other persons with a wide range of knowledge and experience in industry, trade and the international economy (2) If the Trade Commission desires to constitute an investigation committee as referred to in Paragraph (1), it may request any necessary cooperation from the head of the administrative agency concerned, head of government-contributed institute or organization concerned (3) The Trade Commission may pay any allowances or travelling expenses to members of the investigation committee within the limit of the budget: Provided that, in the case where a public official becomes a member of the investigation committee directly in connection with affairs which he is in charge of, no allowance shall be paid (4) The investigation committee as referred to in Paragraph (1) shall conduct investigations on the following matters: (Amended by Presidential Decree No 13922, July 1993) Trend of increase of the import quantity or service supply and the reason thereof; Cases and degree of serious damage which import etc., of the specified goods cause or threaten to cause; In the case as referred to in Sub-paragraph of Article 32(1) of the Act, facts on whether the right, etc are infringed, and the scale of damage which the domestic industry suffers therefrom; Present situation and prospect of the international competitiveness of the domestic industry concerned and the degree of self-help to improve the international competitiveness of the domestic business circles; Effective remedial measures for the domestic industry concerned and effects of such measures on export, related industries, consumers' interest, trade relations, etc; and Other things the Trade Commission deems necessary [This Article Wholly Amended by Presidential Decree No 12949, March 1990] Article 67-2 (Enforcement of Industrial Damage Investigation) (1) If it is deemed necessary for the industrial damage investigation, the Trade Commission may request a presentation of materials from the head of the administrative agency concerned, the head of the related institution or organization and other interested persons In this case, the requested person shall comply with the request unless there is any special reason (2) If it is deemed necessary for the industrial damage investigation, the Trade Commission may dispatch the investigation committee to the trade counterpart country, and have it examine the possibility, etc of the increase of the export to Korea (3) If it is deemed necessary for the purpose of statement of opinion or consultation, etc with the opposite interested persons, any interested person may request the Trade Commission to hold a public hearing In this case, any witness or informant who attends the public hearing by the request of the Trade Commission may receive the travelling expenses within the limit of the budget (4) The interested person may state at any time his opinion to the Trade Commission on whether or not the domestic industry is damaged and on relief measures, or may submit his opinion in writing in the period of investigation as prescribed in Article 33(3) of the Act (5) When an interested person requests an inspection of materials submitted by the requesting person or other interested person, the Trade Commission shall comply with it unless there is any special reason In this case, the request of the interested person to inspect materials shall be made in writing with the reason thereof and the list of materials specified (6) Deleted (By Presidential Decree No 13922, July 1993) [This Article Wholly Amended by Presidential Decree No 12949, March 1990] Article 67-3 (Prohibition of Use of Materials related to Investigation for purposes other than that of investigation) Members of the Trade Commission and investigation committee may not use materials acquired from, or facts submitted by the interested person in connection with the industrial damage investigation for purposes other than the industrial damage investigation [This Article Wholly Amended by Presidential Decree No 12949, March 1990] Article 67-4 (Treatment of Materials concerning Business Secrets) (1) If an application and materials presented in connection with it fall under any of the following Subparagraphs, the applicant or any person who is interested in the industrial damage investigation (hereinafter referred to as "interested person") may request the Trade Commission to treat them as materials concerning business secrets, and in this case the applicant or interested person shall submit a non-confidential summary: Materials concerning the manufacturing cost; Materials concerning the selling price and transaction quantity of each business connection; Materials concerning the production process and equipment or internal accounts; Materials concerning any person furnishing secret information; and Other materials which might cause damage to the enterprise by opening them to the competitors (2) The Trade Commission shall, upon receiving a request as referred to in Paragraph (1) from the applicant or interested person, decide whether or not such materials are to be treated as ones concerning business secrets, and shall notify the applicant or interested person of the contents of its decision (3) Materials concerning business secrets shall not be opened to the public or inspected by the public for the purpose other than that of industrial damage investigation without a clear and express consent of the person who has presented them (4) Matters to be decided for the application and treatment of materials concerning business secrets shall be determined by the Trade Commission [This Article Newly Inserted by Presidential Decree No 13922, July 1993] Article 68 (Close, etc of Industrial Damage Investigation) (1) If any of the following occurs during the investigation period as prescribed in Article 33(3) of the Act, the Trade Commission may close the investigation: Where the requesting person has withdrawn the request for the industrial damage investigation; Where a conciliation contract between the requesting person and the interested person is concluded in case as prescribed in Sub-paragraph of Article 32(1) of the Act; and Where the requesting person has accepted the proposal as referred to in Paragraph (2) (2) If major producers, exporters, service providers or an association or partnership constituted of them in a foreign country who are subject to the industrial damage investigation propose a reduction of export, the Trade Commission may inform the requesting person of the proposal and take necessary measures so as to consult with each other (3) When the Trade Commission closes the investigation under Paragraph (1), it shall publish it in the official Gazette and notify it to the requesting person [This Article Wholly Amended by Presidential Decree No 12949, March 1990] Article 69 (Matters to be examined in determining Whether or not Industry is damaged) (1) When the Trade Commission determines under Article 33(3) of the Act whether or not the domestic industry is damaged, it shall examine the following matters: (Amended by Presidential Decree No 13922, July 1993) Whether the import quantity or service supply by foreigners is increasing or not; In determining whether or not any serious damage exists, the following matters; a Whether or not considerable production facilities of the domestic industry are out of operation including the closure of factories; b.Whether or not considerable enterprises are in conditions unable to carry out domestic production activities at the reasonable profit level; and c.Whether or not there exists considerable unemployment or incomplete employment in the domestic industry; In determining whether or not serious damage might occur, the following matters: a.Whether or not there is reduction of the sale, market share and operating rate or there is increase of stock in the domestic industry; and b.Whether or not the production, profit and employment in the domestic industry tends to be reduced, or wages tend to be decreased; Whether or not any decrease in sales of the domestic industry or any loss occurs or might occur due to the import of the goods, in case as prescribed in Sub-paragraph of Article 32(1) of the Act; Whether imports of specified goods cause or threaten to cause serious damage to the relevant domestic industry; and The characteristics of the domestic industry and relation between the industrial policy and the industries concerned, effects on the national economy such as the domestic price, interests of consumers, etc., trade relations and other social and cultural factors (2) In the case where the domestic industry as referred to in Paragraph (1) falls under the agriculture and forestry industries with respect to matters as referred to in Sub-paragraphs and of Paragraph (1), the Trade Commission may taking account of the features of such agriculture and forestry industries determine detailed matters to be examined through a consultation with the head of the administrative agency concerned (Newly Inserted by Presidential Decree No 13922, July 1993) [This Article Wholly Amended by Presidential Decree No 12949, March 1990] Article 70 (Request, etc for Reinvestigation) (1) The requesting person may, upon receiving a notification as prescribed in Article 33(4) of the Act, request a reinvestigation to the Trade Commission by submitting a written request specifying the reason of reinvestigation together with the documentary evidence (2) If the Trade Commission accepts the request as referred to in Paragraph (1) and decides to conduct a reinvestigation, the provisions of Articles 66 to 69 shall be applied: However, within one year after it decides whether the industry is damaged or not, the Trade Commission cannot decide to reinvestigate unless there is any obvious reason to conduct the reinvestigation [This Article Wholly Amended by Presidential Decree No 12949, March 1990] SECTION Proposal and Taking of Remedial Measures Article 71 (Proposal of Remedial Measures) If the Trade Commission desires to propose a remedial measure under Article 34(1) of the Act, it shall examine comprehensively the opinions of the head of the administrative agency taking charge of the domestic industry, and the associations, partnerships, etc which are related with the domestic industry [This Article Wholly Amended by Presidential Decree No 12949, March 1990] Article 72 (Contents, etc of Remedial Measures) (1) Support provided by laws and regulations under Sub-paragraph of Article 34(1) of the Act relating to industrial support, which aims to improve technology and productivity, shall be as follows: Support from various funds to which the Government contributes to protect, promote or convert the domestic industry or support with regard to taxation; Reeducation or job-conversion training for employees in the domestic industry; and Other support of technical development, etc by government-contributed research institutions (2) The term "other measures as determined by the Presidential Decree for the purpose of the relief of the domestic industry" used in Sub-paragraph of Article 34(1) of the Act shall be as follows: Recommendation to conclude an agreement under Article 47 of the Act; Recommendation to conclude an agreement to buy domestic goods of a certain level between the domestic real consumers or association, partnership, etc composed of the domestic real consumers and the domestic producers or association, partnership, etc composed of the domestic producers of specified goods; Deleted Measures for the national security or for the prevention of danger and injury to the lives and health of citizens; and Other measures as deemed necessary for relieving the domestic industry of damages (3) Deleted (By Presidential Decree No 13922, July 1993) (4) Deleted [This Article Wholly Amended, 1995] Article 72-2 (Enforcement, etc., of remedial measures) (1) Periods of remedial measures under Article 34(1)(1) or 34(1)(2) of the Act shall not exceed four years However, when the Trade Commission recommends extension of the period of the remedial measures under Article 74(3), remedial measures may be extended to, but not exceeding, eight years in total including the period for provisional remedial measures (2) Where remedial measures under Article 34(1)(1) or Article 34(1)(2) of the Act are taken, the content of remedial measures must be liberalized gradually even within the period prescribed in Sub-paragraph (1) (3) When quantitative restriction is to be used as a remedial measure under Article 34(1) (1), such a measure shall not reduce the quantity of imports below the level of average imports in the recent three representative years, unless a different level is justified to prevent or remedy serious damage (4) With respect to the product to which remedial measures under Article 34(1)(1) or 34(1)(2) have been taken, if the period for which remedial measures had been applied has not passed since the last day of the previous measures (if the period of remedial measures does not exceed two years, then before the passage of two years), other remedial measures under Article 34(1)(1) or 34(1)(2) shall not be applied again However, if one year has elapsed since the date of introduction of remedial measures on the imported products and in addition, if remedial measures have not been applied on the same product more than twice during the previous five-year period, remedial measures with a duration of 180 days or less may be applied again to the product (This Article newly established, July 1995) Article 73 (Recommendation, etc on Provisional Measures) (1) The Trade Commission may make ex officio or upon a request of the applicant a recommendation to take a provisional measure to the head of the administrative agency as prescribed in Article 35 (1) of the Act (2) The Trade Commission shall, upon receiving a request for recommendation on a provisional measure under Paragraph (1), decide whether or not to make such recommendation on the provisional measure within 30 days after the request is made: However, if the contents of investigation are complex, the period may be extended within the limit of 30 days (3) When the Trade Commission has recommended a provisional measure under Paragraph (1), if the industry investigated is agriculture and forestry industries, the head of the administrative agency concerned shall decide whether or not it will enforce such provisional measure within 15 days after it receives such recommendation: Provided that, if it is required to go through any necessary procedure such as consultation with the administrative agency concerned, related agencies or organizations, etc., to enforce such provisional measure, the period for such procedure shall not be included (4) The period of a provisional measure as prescribed in Article 35(1) of the Act shall not exceed 200 days after such measure is taken, and such measure shall lose its effect from the day on which it is decided under Article 33(3) of the Act that no industry is damaged or from the day on which the remedial measure decided by the head of the administrative agency concerned under Article 34(3) of the Act becomes effective [This Article Wholly Amended by Presidential Decree No 13922, July 1993] Article 74 (Review, etc.) (1) The Trade Commission shall review the situation to change or withdraw remedial measures within 120 days before the mid-term of the measure, if duration of the measure under Article 34(3) taken by the head of the administrative agency concerned exceeds three years (2) If before 120 days from the date of the expiration of the previous remedial measures the Trade Commission deems it necessary or the applicant under Article 32(1) of the Act requests to extend the period of remedial measures, the Trade Commission may review the extension of remedial measures (3) Where, as a result of reviews carried out in accordance with the provision of Subparagraph (2), the Trade Commission deems it necessary to continue remedial measures to prevent or remedy serious damage to the relevant industry, the Trade Commission may recommend before 45 days from the expiry of remedial measures to the head of the administrative agency concerned that remedial measures be extended (4) Where the Trade Commission deems it necessary for review, etc, the Trade Commission may request the head of the administrative agency concerned which is in charge of the domestic industry to which investigation of injury is applied, related organizations or entities to submit import records or information relating to the production trends of the domestic industry SECTION The Trade Commission Article 75 (Operation of Meeting) (1) The meeting of the Trade Commission shall be open to the public: Provided that, if it is deemed necessary for protecting any business secrets or for the public interest, it may be held in camera (2) The Trade Commission may have an interested person or informant attend the meeting to state his opinion or present necessary materials (3) Any informant who attends the meeting under Paragraph (2), may receive the travelling expenses within the limit of the budget (4) The chairman shall convene the meeting of the Trade Commission and preside over it (5) If the chairman desires to convene the meeting, he shall determine the date, time and place of the meeting and matters to be discussed at the meeting, and notify them to each member not later than seven days before the meeting is held, except in case it is required urgently or there is any inevitable reason [This Article Wholly Amended by Presidential Decree No 12949, March 1990] Article 76 (Matters to be deliberated and decided) Matters to be deliberated and decided by the Trade Commission shall be as follows: (Amended by Presidential Decree No 13922, July 1993) Matters concerning the extension of the investigation period under Article 33(3) of the Act; Opinion of the Trade Commission under Article 34(5) of the Act; Matters concerning the decision, determination and proposal in Article 40 of the Act; Deleted Matters concerning the closure of investigation under Article 68(1); Matters concerning the decision on the reinvestigation under Article 70(2); Matters concerning the extension of the period to decide whether or not a provisional measure is recommended under Article 73(2); Matters concerning the closed meeting under Article 75(1); Enactment of the operational rules under Article 78; and 10 Other matters which the chairman deems important and refers to the meeting [This Article Wholly Amended by Presidential Decree No 12949, March 1990] Article 77 (Payment, etc of Allowance) The chairman and members of the Trade Commission may receive any allowance, travelling expenses, etc within the limit of the budget: However, in the case where a member who is a public official attends the Commission directly in connection with affairs which he is in charge of, no allowance shall be paid [This Article Wholly Amended by Presidential Decree No 12949, March 1990] Article 78 (Operational Rules) The Trade Commission decides on matters other than those as prescribed by this Decree which are necessary for the operation and the procedure of the Trade Commission, such as the investigation of and determination of industrial damage, proposal of remedial measures and the like (Amended by Presidential Decree No 13922, July 1993) [This Article Wholly Amended by Presidential Decree No 12949, March 1990] ?? G/SG/N/1/KOR/2 Page G/SG/N/1/KOR/2 Page ... No 13 922 , July 1993) (4) Deleted [This Article Wholly Amended, 1995] Article 72- 2 (Enforcement, etc., of remedial measures) (1) Periods of remedial measures under Article 34(1)(1) or 34(1) (2) of... (Amended by Presidential Decree No 13 922 , July 1993) [This Article Wholly Amended by Presidential Decree No 129 49, March 1990] ?? G/SG/N/1/KOR /2 Page G/SG/N/1/KOR /2 Page ... treated as confidential, the reason thereof (2) Deleted (By Presidential Decree No 13 922 , July 1993) [This Article Wholly Amended by Presidential Decree No 129 49, March 1990] Article 66 (Determination