우회덤핑 방지 제도 해설 글

이원희

서울대학교 경제학과, 서울대학교 행정대학원, JD at University of New Hampshire School of Law, Attorney at Law in New York State
행정고시 41회, 산업자원부 자원정책과, 투자진흥과, 국무총리실 심사평가심의관실, 지식경제부 부품소재총괄과,대한무역투자 진흥공사 파견근무,우정사업본부 대체투자팀장,산업통상 자원부 수출입 과장, 산업통상자원부 무역규범과장, 무역위원회 덤핑조사과장, 통상법무기획과장, 現 산업통상부 부이사관

저서
외국인직접투자 얼마나 알고 계십니까? (2002, 공저)
한일 투자협정 해설 (2003, 공저)
대체투자 파헤치기 (上) - 세계 경제동향, 헤지펀드 編(2014)
대체투자 파헤치기 (中) - 타이타노마키의 서막: PEF 編(2015)
대체투자 파헤치기 (下) - 타이타노마키의 2막: 주주행동주의, 주요 대기업 그룹 해부 編(2015)
황금, 설탕, 이자 - 바빌로니아의 수수께끼 編 (上-1) 券 (2024)
황금, 설탕, 이자 - 바빌로니아의 수수께끼 編 (上-2) 券 (2024)
황금, 설탕, 이자 - 바빌로니아의 수수께끼 編 (下-1) 券 (2024)
황금, 설탕, 이자 - 바빌로니아의 수수께끼 編 (下-2) 券 (2024)
황금, 설탕, 이자 - 성전기사단의 비밀 編 (上-1) 券 (2024)
우회덤핑 방지 제도 해설 書- 한국 우회덤핑 제도 설계자의 해설 書(2025)

차례

Ⅰ. 프롤로그 : 우회의 개요 및 주요국의 우회 방지 제도 1

01 우회의 개요 ………………………………………………………………… 1
1) 우회의 개념 ·································································································· 1
2) 우회덤핑의 개념 ···························································································· 3
3) 우회덤핑의 유형 ···························································································· 5
4) 우회덤핑 방지 제도의 WTO 합치성 - 위배? ··················································· 10
5) 우회덤핑 방지 제도의 WTO 합치성 - 합치? ··················································· 12

02 주요국의 우회덤핑 방지 제도 개요: EU ……………………………………16
1) EU 우회 방지 법률 제도 개관 ······································································· 16
2) Reg 2016/1036 제13조 1항: 우회덤핑의 요건 ① - 무역 패턴의 변화 ············ 18
3) Reg 2016/1036 제13조 1항과 2항: 우회덤핑의 요건 ② - 관행, 공정, 작업의 변화 ·· ··22
4) Reg 2016/1036 제13조 1항: 우회덤핑의 요건 ③ - 무역 구제 조치의 훼손 여부 · ·······28
5) Reg 2016/1036 제13조 1항: 우회덤핑의 요건 ④ - 덤핑의 존재 ···················· 29
6) Reg 2016/1036 제13조 3항: 우회덤핑 조사의 절차 ····································· 32
7) Reg 2016/1036 제13조 4항과 5항: 우회덤핑의 면제와 관세 부과 ················· 34
8) 우회 조사기관 및 결정 절차 ········································································· 36
9) 직권조사와 소급효 ······················································································ 38

03 주요국의 우회덤핑 방지 제도 개요: 미국 …………………………………41
1) 미국 우회 방지 법률 제도 개관 ················································································· 41
2) 우회의 유형 ①, 관세법 제781조 (a): 미국 내 완성 혹은 조립 ·························· 43
3) 우회의 유형 ②, 관세법 제781조 (b): 제3국 완성 혹은 조립 ···························· 45
4) 우회의 유형 ③, 관세법 제781조 (c): 사소한 변경 ·········································· 54
5) 우회의 유형 ④, 관세법 제781조 (d): 사후 개발 제품 ····································· 55
6) Scope Ruling과 우회 조사의 관계 ······························································· 58
7) 직권조사 ···································································································· 59
8) 우회 조사의 절차와 19 CFR Section 351.226 ·············································· 61
9) 우회 조사기관 ····························································································· 72

04 주요국의 우회덤핑 방지 제도 개요: 캐나다 ………………………………75
1) 캐나다 우회 방지 법률 제도 개관 ·································································· 75
2) SIMA 제71조: 캐나다 법령상 우회의 정의 ····················································· 76
3) SIMR 제57.11조: 우회덤핑의 요건 ① - 무역 패턴의 변화 ······························· 76
4) SIMR 제57.12조: 우회덤핑의 요건 ② - 특정 행위의 발생 ······························ 78
5) SIMR 제57.12조 (a): 우회덤핑의 요건 ②-1 - 캐나다 내 조립 혹은 완성 ·········· 79
6) SIMR 제57.12조 (b): 우회덤핑의 요건 ②-2 - 제3국 조립 혹은 완성 ··············· 80
7) SIMR 제57.12조 (c): 우회덤핑의 요건 ②-3 - 사소한 변경 ····························· 81
8) SIMR 제57.15조: 우회덤핑의 요건 ②-4 - 무역구제조치 효과의 훼손 ·············· 83
9) SIMR 제57.16조: 우회덤핑의 요건 ③ - 덤핑방지관세 부과와 무역 패턴의 인과관계 ··· 83
10) 우회 조사기관·조사 절차 및 기간 ································································ 86
11) 직권조사 ·································································································· 90

05 기타 국가의 우회덤핑 방지 제도 …………………………………………92
1) 인도 ··········································································································· 92
2) 호주 ··········································································································· 95
3) 튀르키예 ···································································································· 96
4) 중국 ········································································································· 100
5) 기타 국가 ································································································· 101

Ⅱ. 텍스투스 : 한국의 우회덤핑 방지 제도 해설 ???????????????????? 105

01 한국의 우회덤핑 방지 제도 도입 과정 ………………………………… 105
1) 우회덤핑 방지제도에 대한 한국 정부의 과거 견해 ········································ 105
2) 우회덤핑 방지제도에 대한 한국 정부의 견해 변경 ········································ 107
3) 한국 우회덤핑 방지제도 도입 경과 ······························································ 108

02 한국의 우회덤핑 방지 제도 - 관세법 제56조의 2 …………………… 111
1) 관세법 제56조의 2 개관 ············································································ 111
2) 관세법 제56조의 2, 제①항 : 덤핑방지관세가 부과되는 물품? ························ 112
3) 관세법 제56조의 2, 제①항 : “등?” ····························································· 113
4) 관세법 제56조의 2, 제①항 : 제51조에 따른 부과 요청을 한 자? ··················· 114
5) 관세법 제56조의 2, 제①항의 2 : 그 밖에 대통령령으로 정하는 경우? ············ 115
6) 관세법 제56조의 2, 제②항 : 가격 약속과 잠정 조치 ····································· 115
7) 관세법 제56조의 2, 제③항 : 소급효 ··························································· 116

03 한국의 우회덤핑 방지 제도 - 관세법 시행령 제71조의2~제71조의 11 ……117
1) 관세법 시행령 제71조의 2~제71조의 11 개관 ············································ 117
2) 관세법 시행령 제7