FTA 추진절차 및 사례분석

전체 글

(1)C2006-9-8/ 2006. 4. 농업부문 FTA 추진전략 연구 및 DB 구축 󰊸. FTA 추진절차 및 사례 분석. 최 권 임 정. 세 오 정 인. 균 복 빈 교. 선임연구위원 연구위원 경상대학교 인하대학교.

(2) 연구 담당 최 권 임 정. 세 오 정 인. 균 복 빈 교. 선임연구위원 연구위원 경상대 교수 인하대 교수. 연구총괄 FTA 조문분석 FTA 추진 절차 FTA 조문분석.

(3) i. 머 리 말. 우리나라는 칠레, 싱가포르, 유럽자유무역연합(EFTA) 등과 FTA협정을 체 결하였고, 아세안은 상품교역 분야 협상을 타결하였으며, 현재 미국을 비롯 하여 일본, 인도, 캐나다, 멕시코 등과도 FTA 협상을 진행 중이며, 남미공동 시장과는 FTA 관련 공동연구를 진행하고 있다. 이와 같이 FTA를 적극적으 로 추진하는 과정에서 대내외 협상대책이 미비할 경우 이해 그룹간의 갈등 이 심화되고 그로 인한 사회적 비용이 증가할 가능성이 높다. 따라서 특정 국가와의 협상에 대비한 연구는 물론, 동시다발적 FTA 상황에 대처할 수 있 는 연구가 필요한 실정이다. 이 연구는 동시다발적 FTA 추진에 대비하여 효율적인 정책대안을 제시하 기 위해 수행되었으며, 주요 연구 내용으로 주요 국가의 FTA 협상절차 분석 및 우리나라의 FTA 협상절차 보완 방향, FTA 분야별 협정문 분석 및 NAFTA 등 FTA 사례 분석 등이다. FTA 협상절차 연구는 향후 원활한 FTA의 추진과 사회적 갈등과 비용을 줄이기 위한 한국형 FTA 협상 추진의 절차적 표준 모델 개발이 목적이고, 주요 FTA 협정문 분석은 우리나라 FTA 협정내용의 기본요소 작성에 참고자 료로 활용될 수 있도록 기 체결된 세계 주요 FTA의 내용을 비교ㆍ분석하였 다. 그리고 다른 국가에 비해 FTA 추진 경험이 많지 않은 우리나라는 북미 자유무역협정(North American Free Trade Agreement: NAFTA)에서 멕시코의 FTA 사례를 참고할 필요가 있을 것이다. 이 연구는 우리 연구원이 2005년부터 수행한 「농업부분 FTA 추진전략 연 구」과제의 기능별 연구로 수행되었으며, FTA 추진절차 및 조문 등과 관련 하여 관심 있는 분들에게 중요한 정보제공과 토론의 장을 제공할 것을 기대 하며, 많은 관심과 조언이 있기를 바란다.. 2006. 4. 한국농촌경제연구원장 최 정 섭.

(4) iii. 목. 차. 제1부: FTA 추진절차 제1장 서론 ············································································································· 1 1. 연구의 필요성 및 목적 ·················································································· 1 1.1. 연구의 배경과 필요성 ··············································································· 1 1.2. 연구목적 ······································································································ 2 2. 연구의 범위와 방법 ························································································ 3 2.1. 연구의 범위와 주요내용 ··········································································· 3 2.2. 연구방법 ······································································································ 3 제2장 주요국의 통상정책 결정과정과 특징 ··················································· 5 1. 미국 ··················································································································· 5 1.1 주요 기관 및 참여자 ·················································································· 5 1.2 미국의 통상정책 결정과 이해 조정체계 ·············································· 19 2. EU ···················································································································· 26 2.1. 공통통상정책의 법적 근거 ······································································ 26 2.2. 주요 기관 및 참여자 ··············································································· 27 2.3 EU 통상정책 결정 체계의 특징 ···························································· 32 3. 일본 ················································································································· 34 3.1 통상법규 ···································································································· 34 3.2 주요 기관 및 참여자 ················································································ 34 3.3 일본 통상정책 결정 체계의 특징 ··························································· 38 4. 주요국 통상정책 결정 체계의 비교분석 ················································· 38 4.1. 대외통상 정책의 결정권한 ······································································ 38.

(5) iv. 4.2. 통상정책 개발 및 집행 ············································································ 39 4.3. 통상협상의 주관 ······················································································· 39 4.4. 관련부처간 이해조정 ··············································································· 40 4.5. 통상문제 연구 및 조사 ············································································ 40 4.6. 자문 및 감독 ··························································································· 40 5. 우리나라의 통상정책 결정구조와 체제 ····················································· 40 5.1 통상정책 결정의 주요 체제와 특징 ······················································· 40 5.2 통상정책 결정 체제의 개선방안 ··························································· 51 제3장 한국과 미국의 FTA 협상절차 규정 비교 분석 ································ 58 1. 우리나라의 FTA 추진 절차 ········································································· 58 1.1. 자유무역협정(FTA) 체결 절차규정(대통령 훈령 121호) ································ 58 1.2. FTA 추진체계 ···························································································· 59 1.3. FTA 협상 추진 단계별 세부 절차 ························································· 60 2. 미국의 FTA 추진 절차 ················································································· 62 2.1. 법적근거 ····································································································· 62 2.2. 추진체계 및 절차 ··················································································· 64 2.3. 미국의 FTA 추진 법적 절차의 시사점 ················································· 67 3. 한국과 미국의 FTA 절차 비교분석 ···························································· 70 3.1. 협상전 절차 ······························································································· 70 3.2. 협상진행 중 절차 비교 ············································································ 70 3.3. 협상 후 절차 비교 ··················································································· 72 제4장 우리나라 FTA 추진 절차의 개선방안 ················································ 74 1. 가칭 통상절차법 제정 ·················································································· 74 2. 국회의 통상정책 협의 및 감독 기능 강화 ··············································· 75 3. 부처별 및 이해당사자간의 의견 수렴 절차의 강화 ······························ 76.

(6) v. 4. 민감분야에 대한 협상전 특별 협의 및 사전 국내대책 장치의 제도화 ······ 77 5. 우리나라 FTA협상 표준 절차 설계(안) ······················································ 78 5.1. 협상 시작 전 단계 ··················································································· 79 5.2. 협상 개시 후 협상 과정 중의 단계 ···················································· 81 5.3. 협상종료이후 단계 ··················································································· 82. 제2부: FTA 조문 분석 제1장 서. 론 ····································································································· 85. 1. 연구의 필요성 및 목적 ················································································ 85 1.1. 연구의 필요성 및 목적 ············································································ 85 1.2. 연구의 범위와 방법 ················································································· 86 제2장 FTA 상품양허에 대한 WTO의 규정 ··················································· 87 1. 절차적 요건의 명확화 ·················································································· 89 1.1. 통보 의무 ··································································································· 89 1.2. 정보의 제공 ······························································································· 91 1.3. 주기적 보고의무 ······················································································· 92 2. 상품개방 요건의 명확화 ·············································································· 93 2.1. 관세동맹의 상품분야 ··············································································· 93 2.2. 자유무역협정의 상품분야 ········································································ 95 2.3. 서비스교역 ································································································· 95 3. 역내적 요건의 명확화 ·················································································· 96 3.1. 상품분야 ····································································································· 96 3.2. 서비스분야 ································································································· 98 제3장 주요 FTA의 농산물 관세양허 분석 ·················································· 100 1. 중ㆍ아세안 FTA ··························································································· 100.

(7) vi. 1.1. FTA 추진배경 및 경과 ·········································································· 100 1.2. 조기자유화 내용 ····················································································· 101 1.3. 중-ASEAN FTA의 주요내용 ··································································· 106 2. 북미자유무역협정(NAFTA) ········································································· 113 2.1. 농산물 양허내용 ··················································································· 113 2.2. 기타내용 ··································································································· 120 3. 미국ㆍ호주 FTA ························································································· 123 3.1. 추진배경 ··································································································· 123 3.2. 상품의 시장접근 분야 ············································································ 124 3.3. 농산물 분야 ····························································································· 130 3.4. 동식물 검역 ····························································································· 134 4. 미국ㆍ중미국가간 FTA ············································································· 135 4.1. CAFTA-DR 추진배경 및 경과 ······························································· 135 4.2. 협상의 목적 및 동기 ·············································································· 137 4.3. FTA 협정의 주요 내용 ·········································································· 141 5. 미국ㆍ칠레 FTA ··························································································· 150 5.1. 개요 ·········································································································· 150 5.2. 시장접근 ··································································································· 151 5.3. 시사점 ······································································································· 166 6. 캐나다ㆍ칠레 FTA ······················································································· 166 6.1. 관세 ·········································································································· 167 6.2. 비관세조치 ······························································································· 167 7. EUㆍ멕시코 FTA ·························································································· 169 7.1. 관세 철폐 ································································································· 169 7.2. 비관세조치 ······························································································· 173 8. 일본ㆍ멕시코 FTA ······················································································· 176 8.1. 협상 경과 ································································································· 176 8.2. 주요 내용 ································································································· 177 8.3. 향후 전망 ································································································· 180.