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Legal Issues of Implementing Sanitary and Phytosanitary Measures(SPS) Regulations under Korea-China Free Trade Agreement(FTA) - focused on the regulations of food trade -



Legal Issues of Implementing Sanitary and Phytosanitary Measures(SPS) Regulations under Korea-China Free Trade Agreement(FTA) - focused on the regulations of food trade -



Korean Journal of International Economic Law 13(3): 83-113



According to the conclusion of the Korea-China FTA, it is expected that both social and economic exchange become more active. As upsurge of Chinese consumers’ interest in food and the improvement in the level of standard of it, food will be main trade item between Korea and China. The conclusion of Korea-China FTA, for Korea, could be the chance to take the advantageous position for the Chinese huge import food consumption market, based on the confidence of Chinese customers in Korean food. Nonetheless, it is not as easy as it looks. The cases are occurring continuously that the exported food to China is rejected by Chinese customs due to the differences in sanitary inspection and technical standard between two countries. Korean food export companies are suffering from Chinese sanitary and technical barriers. Consequently, Korea needs to overcome and proactively break through the trade barriers of Chinese food market. In order to this, it is necessary to analyze Chinese regulations of food sanitary and inspection as well as the trade barriers which Korean companies are faced.Thus, the paper discusses the pivot on SPS agreement which is directly related with food trade. China as a great agriculture power specifically regulates SPS agreements in the FTAs which have already concluded. Accordingly, the paper investigates the features of FTA SPS agreement that China concluded at first, and then examines the regulations of sanitary and inspection to imported food. Based on the review, it analyses the main issues on implementing Korea-China FTA SPS regulations. In particular, it verifies the customs clearance matters in sanitary and inspection about which Korean food exporters complain. This analysis has an implication for helping to exactly grasp what the trade issues on SPS between two countries are, and to seek the corresponding strategy to overcome the problems happened in the future during the implication of SPS agreement.

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