우회덤핑 방지 제도 해설 글

이원희

서울대학교경제학과,서울대학교행정대학원,JDatUniversityofNewHampshireSchoolofLaw,AttorneyatLawinNewYorkState
행정고시41회,산업자원부자원정책과,투자진흥과,국무총리실심사평가심의관실,지식경제부부품소재총괄과,대한무역투자진흥공사파견근무,우정사업본부대체투자팀장,산업통상자원부수출입과장,산업통상자원부무역규범과장,무역위원회덤핑조사과장,통상법무기획과장,現산업통상부부이사관

저서
외국인직접투자얼마나알고계십니까?(2002,공저)
한일투자협정해설(2003,공저)
대체투자파헤치기(上)-세계경제동향,헤지펀드編(2014)
대체투자파헤치기(中)-타이타노마키의서막:PEF編(2015)
대체투자파헤치기(下)-타이타노마키의2막:주주행동주의,주요대기업그룹해부編(2015)
황금,설탕,이자-바빌로니아의수수께끼編(上-1)券(2024)
황금,설탕,이자-바빌로니아의수수께끼編(上-2)券(2024)
황금,설탕,이자-바빌로니아의수수께끼編(下-1)券(2024)
황금,설탕,이자-바빌로니아의수수께끼編(下-2)券(2024)
황금,설탕,이자-성전기사단의비밀編(上-1)券(2024)
우회덤핑방지제도해설書-한국우회덤핑제도설계자의해설書(2025)

차례

Ⅰ.프롤로그:우회의개요및주요국의우회방지제도1

01우회의개요…………………………………………………………………1
1)우회의개념··································································································1
2)우회덤핑의개념····························································································3
3)우회덤핑의유형····························································································5
4)우회덤핑방지제도의WTO합치성-위배?···················································10
5)우회덤핑방지제도의WTO합치성-합치?···················································12

02주요국의우회덤핑방지제도개요:EU……………………………………16
1)EU우회방지법률제도개관·······································································16
2)Reg2016/1036제13조1항:우회덤핑의요건①-무역패턴의변화············18
3)Reg2016/1036제13조1항과2항:우회덤핑의요건②-관행,공정,작업의변화····22
4)Reg2016/1036제13조1항:우회덤핑의요건③-무역구제조치의훼손여부········28
5)Reg2016/1036제13조1항:우회덤핑의요건④-덤핑의존재····················29
6)Reg2016/1036제13조3항:우회덤핑조사의절차·····································32
7)Reg2016/1036제13조4항과5항:우회덤핑의면제와관세부과·················34
8)우회조사기관및결정절차·········································································36
9)직권조사와소급효······················································································38

03주요국의우회덤핑방지제도개요:미국…………………………………41
1)미국우회방지법률제도개관·················································································41
2)우회의유형①,관세법제781조(a):미국내완성혹은조립··························43
3)우회의유형②,관세법제781조(b):제3국완성혹은조립····························45
4)우회의유형③,관세법제781조(c):사소한변경··········································54
5)우회의유형④,관세법제781조(d):사후개발제품·····································55
6)ScopeRuling과우회조사의관계·······························································58
7)직권조사····································································································59
8)우회조사의절차와19CFRSection351.226··············································61
9)우회조사기관·····························································································72

04주요국의우회덤핑방지제도개요:캐나다………………………………75
1)캐나다우회방지법률제도개관··································································75
2)SIMA제71조:캐나다법령상우회의정의·····················································76
3)SIMR제57.11조:우회덤핑의요건①-무역패턴의변화·······························76
4)SIMR제57.12조:우회덤핑의요건②-특정행위의발생······························78
5)SIMR제57.12조(a):우회덤핑의요건②-1-캐나다내조립혹은완성··········79
6)SIMR제57.12조(b):우회덤핑의요건②-2-제3국조립혹은완성···············80
7)SIMR제57.12조(c):우회덤핑의요건②-3-사소한변경·····························81
8)SIMR제57.15조:우회덤핑의요건②-4-무역구제조치효과의훼손··············83
9)SIMR제57.16조:우회덤핑의요건③-덤핑방지관세부과와무역패턴의인과관계···83
10)우회조사기관·조사절차및기간································································86
11)직권조사··································································································90

05기타국가의우회덤핑방지제도…………………………………………92
1)인도···········································································································92
2)호주···········································································································95
3)튀르키예····································································································96
4)중국·········································································································100
5)기타국가·································································································101

Ⅱ.텍스투스:한국의우회덤핑방지제도해설????????????????????105

01한국의우회덤핑방지제도도입과정…………………………………105
1)우회덤핑방지제도에대한한국정부의과거견해········································105
2)우회덤핑방지제도에대한한국정부의견해변경········································107
3)한국우회덤핑방지제도도입경과······························································108

02한국의우회덤핑방지제도-관세법제56조의2……………………111
1)관세법제56조의2개관············································································111
2)관세법제56조의2,제①항:덤핑방지관세가부과되는물품?························112
3)관세법제56조의2,제①항:“등?”·····························································113
4)관세법제56조의2,제①항:제51조에따른부과요청을한자?···················114
5)관세법제56조의2,제①항의2:그밖에대통령령으로정하는경우?············115
6)관세법제56조의2,제②항:가격약속과잠정조치·····································115
7)관세법제56조의2,제③항:소급효···························································116

03한국의우회덤핑방지제도-관세법시행령제71조의2~제71조의11……117
1)관세법시행령제71조의2~제71조의11개관············································117
2)관세법시행령제71조의2-우회덤핑행위의유형:경미한변경···················118
3)관세법시행령제71조의3-우회덤핑직권조사사유···································123
4)관세법시행령제71조의6-우회덤핑직권조사의개시································125
5)관세법시행령제71조의4-우회덤핑조사의신청······································130
6)관세법시행령제71조의5-우회덤핑조사의개시······································135
7)관세법시행령제71조의7-우회덤핑의조사절차·······································145
8)관세법시행령제71조의8-우회덤핑조사신청의철회및종결·····················149
9)관세법시행령제71조의9-우회덤핑과관련한이해관계인에대한자료협조요청등·152
10)관세법시행령제71조의10-우회덤핑