방사능 관련 일본산 수산물 수입 분쟁에 관한 SPS 협정 분석

Abstract

This study investigates the WTO dispute over Japanese fishery products originated from Fukushima and another seven prefectures. Being subject to an import ban and additional radioactive test requirements, Japan complained that the Korean government’s trade measures are inconsistent with the principles of the Agreement on Sanitary and Phytosanitary Measures. This paper considered the contrasting judicial decisions made by the Panel and Appellate Body and analyzed the debates with respect to their trade-discriminatory effects (Article 2.4), the relevance of appropriate level of protection (Article 5.6) and the precautionary approaches (Article 5.7). Consistent with the final rulings, this paper identifies the need for a broaden understanding of regional conditions and qualitative aspects of protection in risk analysis. Findings also suggest that Korea has diverted its fishery imports from Japan to other countries, while Japan has created export diversion from Korea to other destinations.