「그린라운드」에 대한 우리의 對應方案

곽나용 漢城大學校 國際通商情報大學院 1998 국내석사

With the emergence of WTO, globalization and opening of markets have been progressing with increasing speed, and we have come to pursue a more free and fair trade, Meanwhile, as economy integration is being spread, the world is forming a new international economy order, such as the intensification of regionalism. The emergence of WTO holds significance in many aspects. Among them is the fact that it initiaties areas which GATT has dealt with, and WTO will take the initiative in leading these areas. 'Green Round', the multilateral trade negotiation on trade and environment, is making its appearance as a new trade issue, and discussions regarding it is presently becoming a main subject of interest. Thus WTO's direction of discussion is especially important and is expected to affect us deeply in the future. Therefore, the purpose of this thesis is to analyze the background, prospect, and influence of 'Green Round' and to seek our plan in order to deal with it. Now world economy does not stop at just importing and exporting products, rather it promotes liberal trade in various fields, negotiations following UR(finance, basic communication, shipping service, movement of manpower etc.) are in progress and discussions on "New Round", a new trade topic, is actively taking place, discussions connecting trade and environment are already proceeding in international organizations; they started at the UN and have been going into detail at the OECD. ISO has been making efforts for the standardization of environment management and bringing up questions based on the manufacturing process and method of products (PPMs). Furthermore, cases in which trade restriction measures are taken through international environment agreements have recently increased, becoming a factor of trade barriers, Sanction measures of the climate change agreement, in which there was much argument regarding the '97 Kyoto Protocol, will soon become a reality and point of views of each country will clash, causing the difficult situation to continue, Under this background, WTO established a trade environment committee and, for the pursuit of continuous development, examined the mutual relation between trade measure and environment measure with 10 topics and is dealing with the trade standard supplementary issue. In the future, WTO will solve all problems concerning trade-environment connections through 10 topics. In the future, international environment agreements accompanying trade standards will increase and individual trade restriction measures will also be spread. The possibility of restrictions on manufacturing process and method also should not be overlooked. Therefore, problems following the appearance of 'Green Round' will grow into multilateral standardization efforts with WTO at its lead. Eventually, as it is expected that all kinds of international environment agreements or environment restriction measures of each country will increase due to environmental protection, considering our country's individual structure, domestic industry competition will be weakened and our export will decrease in the shot run. However, in the long run, it may have a positive effect by promoting the development of environment quality within our country. Therefore, we must be able to obtain a positive effect by setting up an effective plan in preparation for the 'Green Round'. In order to do this, we must first establish our basic direction: reinforcement of synthetic diplomacy, improvement of the people's consciousness, establishment of synthetic countermeasure system. More specially, ① improve our international status through reinforcement of environment diplomacy, ② induce environment-friendly consciousness of the people, ③ rearrange structure system through law reorganization or energy conservation and promote development of high technology such as development of purifying technology, etc. We must proceed with these three basic directions with the following details : countermeasures for energy conservation, countermeasures for each environmental policy, and countermeasures for development of an alternative energy plan. In the past, we have experienced internal contraction of economic structure due to insufficient international negotiation measures at the time of UR negotiations. Now 'Green Round', a new negotiation issue, is approaching us. In order to avoid repeating our past mistakes, we must overcome the 'Green Round' not only with the efforts of government but also with the accurate understanding and active efforts of each economic subject.

WTO 體制下의 知的財産權協定과 韓國의 對應方案

손병문 한성대학교 국제통상정보대학원 1998 국내석사

The competition of technological development among nations are becoming severe and arousing interests in technology to determine international competitiveness of industries. Especially as the importance of developing nations in international trade increase, there is a movement in strengthening international protection to guarantee continuous profit of one's own country along with strengthening the position of advanced nations claiming that economic development of developing nations have derived from deadheading of technology and science accumulated in advanced nations including the United States. Primary factor of controversy have been resulted due to many cases in abusing or imitating technologies of advanced nations instead of investing in inhouse technological development or new technological development in the process of carrying out economic development in korea. And the actual circumstances are that although sales seemed to increase in prosperous conditions, many corporations that have attached itself to immediate profit and neglected self technological development instead of promoting national competitiveness or corporate image are going bankrupt as economic crisic drew near. Advanced nations including the United States, in order to dominate international market with their own technological power, protect intellectual property rights by law and request high royalty or institute law suits against countries or corporations that abuse or peculate their technologies. Also international trade organization started in full-scale from January 1st of 1995 after the successful conclusion of the Uruguay Round of GATT that have been unfolded slowly for 8 years since 1998. The commencement of WTO structure has a great historical significance because widespread freedom of trade in international society was attained and a strong international structure observing violation of free trade regulation was born. WTO structure strongly regulates commodities of international trade that infringe intellectual property rights of other countries. Therefore to satisfy these international flow and trend, large effort of freeing oneself from a position relying on technology of advanced nations, and the insurance of new technological development and competitiveness with future oriented vision is desperately needed. Observation of problems and present conditions of korea intellectual property rights system and improvement plan in these situations are as following. First, the understanding of intellectual property rights and investment in technological development are insufficient. korea, in the past technological development process, couldn't overcome laggardliness of manufacturing process using cheap labor by inducting technologies of advanced nations to achieve short term profit rather than long term judgement of R&D investments or technological developments, and considerable amount from sales are being paid to foreign corporations of technologically advanced nations that protect intelltctual property rights by law to obtain large profit for their own country requesting high amount of royalties in order to use these technologies. Increase in manufacturing cost because of royalties included in sales are the leading factor in losing competitiveness in the international market. Second, there is insufficient professional manpower that can adequately confront and solve these controversial occurrence related to intellectual property rights. Conception of nations wealth are in a trend where modern society is influenced by technology supported with advanced technologies and economic strength rather than natural resources or manufacturing factors in the past society. Technologically advanced nations, to prevent their own profit diminution by foreign corporations and competing countries from imitating and abusing their intellectual property rights which have been developed through large amounts of investment and manpower, have established protective measures and laws to protect these which have resulted in their predominant position in competition. But, because of reasons for having insufficient professional manpower with the ability to counter sue or evasively plan to solve problems in cases of patent dispute or law suit by foreign corporations, there are many cases of having to pay high costs and royalties where as examples of Japanese tactics or methods in resolving these disputes with relatively low cost should be followed. Third, there are many difficulties in smooth political cooperations and controls because the affairs of government departments managing intellectual property rights are partitioned. Because the information related to intellectual property rights are very complicated and need professional knowledge, disputes and protection related to intellectual property rights in the fast changing international society can be attained through the unification of partitioned government departments. Forth, there needs to be an enlarged operation of exclusive departments under the government institution, upbringing of professionals with realistic understanding relationship of exclusive departments of private corporations. Currently, korea corporations lack knowledge in foreign intellectual property rights protection systems resulting in large amount of losses. Therefore, there needs to be a development of intimate relationship that can accomplish a supportive role between political decisions do the government and consultative decisions of the private part through operation of exclusive departments and sharing related informations to guarantee industrial property rights protection and profit of individual corporations. Fifth, compliance of international agreement in the enforcement concerning regulations and improvement related to domestic intellectual property rights is inevitable because of strengthening protective measures related to intellectual property rights internationally. Therefore there is a need to promote negotiations with advanced nations such as the United States through intensive researches of international regulations. Efforts can be made to effectively applicate international organizations that are publically recognized as methods to promote negotiations. Although the influence of advanced nations are strong through the convention of GATT structure to WTO structure, now is about the time to reevaluate the customary practice of resolving law suits related to intellectual property rights in the United States by strengthening dispute settlement process. Therefore in the occurrence of disputes related to intellectual property rights, finding effective application methods of these systematic tools can be a countermeasure. There needs to be researches to find methods to harmonize good understanding of international laws and domestic laws of foreign nations. Sixth, there is a need to dodge mistake of giving in too easily to unilateral American influence as a factor we have to overcome and reconsider in the occurrence of disputes or in the process of negotiations, as we have experienced in trade conflicts and reciprocal negotiations which started in the 80's. inferiority of national strength during bilateral negotiations is natural, but there needs to be a wisdom to sufficiently reconsider ripple effects of the future in deciding conciliation contents of negotiations. Recognition of retroactive protection concerning intellectual property rights including patent rights of the United States in the 1986 negotiation with the United States was not just simply a concession to the United States by generously giving handicaps of our fundamental domestic laws, but resulted in providing a delicacy for Japan and European Union which we eventually had to yield to their retroactive protection requests. We can cleary see and need to worry about the short sightedness of the government readiness in the period of open economy. Therefore we have to display wisdom in considering various possibilities and countermeasures in the process of foreign negotiations and commercial agreement in the near future. Seventh, judgement system related to commercial application rights permission of korean patent laws are greatly helpful in application of practical or improved inventions, but results in unilateral abusement of one's invention in cases for patent of basic inventions. These are only paid a certain amount of usage fee, which puts oneself in competitively disadvantageous position against patent owner of improved inventions. Finding measures to party own reciprocal usage permission to jointly own practical and improved inventions for basic invention patent owners can be through to inspire personal invention motivation and originally. We have observed problems, countermeasures and protection system of intellectual property rights. The trend of strengthening protection of intellectual property rights is used as a method of solving deficits in the balance of trade and to protect one's national industries for advanced nations such as the United States, and countries or corporations without advanced technology or independent technology have to pay large amounts of manufacturing cost as royalties, becoming a economic dependent country. Because of these reason, corporations needs to continuously invest in technological developments or R&D to make good profit by using monopolistic rights, and the government need to continuously improve and adjust countermeasures and laws concerning intellectual property rights through unification of departments to go side with each other which will finally result in positive development of their country and in becoming an economically powerful nation.

우리나라 上·下水處理施設의 效率化 方案

조병찬 漢城大學校 國際通商情報大學院 1998 국내석사

Generally in cases of electric power, communication and water work, there exists an economy with successive diminution of long-term average cost. There are classified as a circumstantial monopoly undertaking due to difficulties in competition for technological reasons. There are different types of operation method such as public enterprise type in cases of natural monopoly, private enterprise type with government regulations, pre-contract competition system and competition system after coming under private managements. Korean water supply and sewerage treatment facilities are classified as district public enterprise of natural monopoly. Contestable market type competition is introduced in cases of communication industries due to technological innovations, and in cases of electric and water work, multiple business competition of one enterprise system is being introduced. Effective management program is searched through comparative analysis of problems concerning district public enterprises and private entrusted contract forms following private management method in order to search for administration program of Korean water supply and sewerage treatment facilities. Promotion of economic effectiveness has to be obtained through competition by private departments taking charge of the corporate managements, which is the basic objective of private managements, similar to the conclusion following the analysis results, but competitive principles can not be inducted because of it's economical scale. Because of natural monopoly, perfect private management is impossible, but in partial private management, there are several cases showing regulations for public benefits occurring concurrently. Water supply and sewerage treatment facilities managed by utility works have a strong public beneficial characteristics which is considered to be a good method of producing goods for public enterprises, but due to occurrence of intrinsic problems of public enterprise such as problems of investments, quality controls, organization and social structures, there needs to be reformations or public enterprise+regulation plan. There needs to be reformations such as the following in order to maintain public enterprise form while complementing problems of the officials. First, economic and effective management is possible by rational placement of technicians and elimination of personnel reshuffling which will implant ownership to those concerned. Second, there are possible ways by establishing investment facilities similar to the MES, which is the main government investment facility of the state Iowa of the United States, to overall manage environmental problems or by establishing maintenance management, facilities construction and entrusted management facilities like those of japan's Sewerage industries, or by establishing joint public government investment type to install and manage water supply and sewerage treatment facilities. Third, by allowing technician with experiences in maintenance management to participate in planning and construction, ineffective and costly modifications on facilities can be prevented. Fourth, because water supply and sewerage treatment facilities concern large part of an economy, establishment of integrated body unit or cooperative close-district body to jointly operate these facilities or even establishment of separate department by district is needed. Fifth, the realization of cost, which is the fundamental cease concerning financial affairs, has to be achieved. Actions of individuals or enterprises influencing other individuals or enterprises that pass their responsibilities of environmental pollution to social cost has to be fundamentally isolated. And also because of not paying for the use of environmental, the over-usage of environmental materials which is the fundamental cause of pollution has to be reduced. Water supply and sewerage cost has to be realized following polluter defrayment principle which ensures one to pay for their pollution emissions. The application cost of water supply and sewerage usage has to be operated and concluded in the public beneficial point of view. But, there are difficulties that can not be changed under the current system such as change of innovative awareness, management awareness and introduction of competitive system. There are private entrusted management method and perfect private management+regulations for private management method of Korea water supply and sewerage treatment facilities. First, private entrusted management plan of water works and sewage treatment facilities by the people's government is a good method in recovering ineffectiveness of organizations rather than solving problems of investments, but produces problems for public benefits. Second is the liberalization. Franchise competition, meaning pre-competition in monopoly is preferred for competition methods. Problems mentioned above can be solved by selecting franchise competition. Subjugation of problems, in cases of competitive introduction of private entrusted management or after perfect private management is possible. Third, By ordering part of treatment facilities managed by works to compete with the current system or by ordering all of treatment facilities to different enterprises by category to compete is a good idea, and effective operation of facilities or decrease of necessary sum can be expected. Finally, the government has to give it's best efforts in order to ensure public benefits that can be obtained through operating pubic enterprises by achieving low cost, guarantee of high water supply innovations and regulations.