한국의 수산물무역에 있어서 FTA원산지판정의 쟁점사항에 관한 연구

Abstract

As of the end of 2017, 15 FTAs (Free Trade Agreements) are in effect in Korea. And the number of countries participating in these agreements reaches 52. In order to apply FTA agreement tariffs, products must be determined as goods of origin subject to concession. The production of seafood is largely divided into within-territory production(marine product of territorial sea) and out-of-territory production(marine product of high seas) where seafood origin is determined. And seafood trade occurs based on the international trade convention and law. The FTA also defines the rules for the origin of marine products in the agreement. However, it is difficult to apply the concept and contents of the FTA rules of origin to practice. Therefore, this study reviews and examines the origin determination and FTA rules of origin for marine products, and compares and analyzes each agreement. The coastal state doctrine applies to marine products produced in the territorial sea, while the flag state doctrine applies to those produced in the high seas. However, the rules and scope of recognition for the origin determination of high seas marine products are different for each FTA. The core of origin determination of high seas production is the scope of recognition of the flag state doctrine, and the requirements of registration, ownership and flag state of vessel, which are stipulated in the rules of origin of respective FTA. The Korea-EU FTA and the Korea-Turkey FTA require flag state, the territorial registration and ownership of the vessel, whereas the Korea-EFTA FTA only requires flag state. Other agreements require the vessel to be registered at the applicable country and require its flag state. In addition, since most marine products are wholly obtained or produced, there is a difference in the rules forming the basis of wholly obtained criteria for within-territory production and out-of-territory production. Therefore, it is necessary to clearly understand the rules of seafood origin and develop the countermeasure strategies in seafood trade by utilizing them.