자유무역협정(FTA)의 투명성 논의와 부패방지 조치

Abstract

Among the 21 FTA agreements concluded (signed) by Korea between 2003 and 2021, there are 16 agreements that constitute the transparency chapter. The transparency chapter of the FTA requires the Parties to clearly implement the Agreement and to promulgate relevant domestic laws and administrative procedures so that the Parties' stakeholders can recognize and respond to each other. It also specifies retrial and administrative execution of appeals for matters subject to the agreement, and stipulates mutual provision of information on administrative measures that may have a practical impact on the operation of the agreement. The strongest ‘anti-corruption’ provisions that guarantee transparency are included only in the Korea-US FTA and the Korea-Cambodia FTA. It was specified that the two countries would cooperate and reaffirm their commitment to eradicate bribery and corruption in trade and investment. The Korea-EU FTA uniquely added a ‘non-discrimination’ clause. The discussion on transparency of the FTA concluded by Korea can be evaluated as having established minimum procedural measures to prevent corruption, but it is judged to be insufficient to strengthen substantive transparency. Even after Korea concluded FTAs with major trading partners, the number and proportion of complaints filed for dumping or unfair trade practices such as subsidy showed an increasing trend, which can be inferred that the effective influence of the FTA's transparency provisions was not effective. You can. In order to effectively strengthen transparency while promoting free trade, domestic follow-up measures to prevent corruption must be linked to the FTA.