Special Act On The Implementation Of The Agreement Establishing The World Trade Organization


Published: 2007-12-14

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 Article 1 (Purpose)   print
The purpose of this Act is to secure the rights and interests of the Republic of Korea as a member state of the World Trade Organization in implementing the Marrakesh Agreement Establishing the World Trade Organization and is to guarantee the sound development of the national economy by minimizing any potential damage that may be caused by the implementation of the Agreement.
[This Article Wholly Amended by Act No. 8681, Dec. 14, 2007]
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 Article 2 (Guarantee of Economic Sovereignty)   print
No provision in the Marrakesh Agreement Establishing the World Trade Organization (hereinafter referred to as the "Agreement") shall be construed as tolerating and acknowledging any infringement upon the legitimate economic rights and interests of the Republic of Korea as a member of the global free trade system.
[This Article Wholly Amended by Act No. 8681, Dec. 14, 2007]
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 Article 3 (Securing Rights and Interests Guaranteed under Agreement)   print
(1) The Government shall exercise its rights and fulfill its obligations in compliance with the basic principles of the Agreement.
(2) The Government shall, where the result of negotiations is contrary to the basic principles of the Agreement or where the implementation of the obligations arising thereunder causes serious domestic injury to particular items, push for negotiations to remedy this in accordance with the procedure set out under the Agreement.
[This Article Wholly Amended by Act No. 8681, Dec. 14, 2007]
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 Article 4 (Measures on Subsidies)   print
Where a member state of the World Trade Organization promotes exports by providing subsidies, etc. which are not allowed under the Agreement, the Government shall take necessary and appropriate measures in accordance with the provisions of the Agreement and the relevant Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 8681, Dec. 14, 2007]
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 Article 5 (Intra-Nation Trade)   print
No inter-Korean trade, which is an intra-nation trade, shall be deemed to be a trade between nations under the Agreement.
[This Article Wholly Amended by Act No. 8681, Dec. 14, 2007]
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 Article 6 (Special Emergency Customs Duties)   print
Where the quantity of import of agricultural, forestry or fishery products drastically increases or the price thereof significantly drops, the Government may impose special emergency customs duties in excess of the rate conceded in accordance with the provisions of the Agreement and the relevant Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 8681, Dec. 14, 2007]
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 Article 7 (Customs Duties on Agricultural, Forestry and Fisheries Products, and Use of Import Profits)   print
The customs duties on agricultural, forestry and fisheries products and import profits which arise from the implementation of the Agreement, shall be used to increase the income of farmers and fishermen and to develop agricultural and fishing villages, etc. in accordance with the provisions of the relevant Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 8681, Dec. 14, 2007]
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 Article 8 (Protection of National Health)   print
Where imported foods, their containers or other imported goods contain such viruses, disease-causing harmful insects or other harmful substances as determined by the relevant Acts and subordinate statutes, such as the Quarantine Act, the Food Sanitation Act, the Plant Protection Act and the Act on Prevention of Contagious Animal Diseases, and are thus likely to damage the health of the people, the Government may ban or restrict the import of the goods defined in the following subparagraphs as prescribed by the Agreement and the relevant Acts and subordinate statutes:
1. Such imported goods;
2. Goods manufactured or processed by using the former as their base materials;
3. Other similar goods of the producer having manufactured or processed such imported goods.
[This Article Wholly Amended by Act No. 8681, Dec. 14, 2007]
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 Article 9 (Protection of Environment)   print
Where the import of particular goods is likely to cause environmental pollution which will undermine the health of human beings and animals or the growth of plants, the Government may, pursuant to the Agreement and the relevant Acts and subordinate statutes, ban or restrict the import of the goods in question or such other goods as manufactured or processed by using the former as their base materials.
[This Article Wholly Amended by Act No. 8681, Dec. 14, 2007]
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 Article 10 (Designation of Import Institutions)   print
The Government may, in respect of the agricultural, forestry and fishery products the import of which is highly likely to affect the domestic agricultural, forestry and fisheries industry, have itself, local governments, public institutions, and producers’ organizations, etc. to import the products in question in accordance with the Agreement and the relevant Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 8681, Dec. 14, 2007]
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 Article 11 (Implementation of Domestic Support Policies)   print
(1) The Government shall expand the support system relating to the credit guarantee for export goods and to the provision of information, etc. on the export markets by the earliest possible date after the Agreement comes into effect.
(2) The Government shall, for the purpose of protecting producers in the agricultural, forestry and fisheries industries, devise the following supportive measures allowed under the Agreement by the earliest possible date after the entry into force thereof:
1. Direct payments aimed at controlling production;
2. Subsidization to small-scale farmers;
3. Subsidization to organic farming and seeds growing households for the preservation of the environment, such as the soil, etc.;
4. Support against disasters in the agricultural, forestry and fisheries industries;
5. Income support not directly linked to production.
[This Article Wholly Amended by Act No. 8681, Dec. 14, 2007]
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 Article 12 (Support for Activities Undertaken by Producers’ Organizations to Regulate Demand and Supply of Agricultural, Forestry and Fishery Products)   print
The Government shall provide the producers’ organizations engaged in the activities of regulating the demand and supply of agricultural, forestry and fishery products with such necessary support for the facilities relating to the procurement, storage, processing, etc. as determined by the relevant Acts and subordinate statutes.
[This Article Wholly Amended by Act No. 8681, Dec. 14, 2007]
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 Article 13 (Implementation of Restructuring Scheme for Agricultural, Forestry and Fisheries Industries)   print
The Government shall execute a restructuring scheme in favor of the agricultural, forestry and fisheries industries in connection with the implementation of the Agreement and make an annual report to the National Assembly on the result of the execution following the entry into force thereof.
[This Article Wholly Amended by Act No. 8681, Dec. 14, 2007]
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 Article 14 Deleted.<by Act No. 8681, Dec. 14, 2007>   print
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 8681, Dec. 14, 2007>
This Act shall enter into force on the date of its promulgation.