한ㆍ미 FTA 정부조달부문 협상결과에 대한 통상정책적 평가 = Policy-Based Assessment of Government Procurement Chapter in Korea-U.S. FTA

다국어 초록 (Multilingual Abstract)

In 2007, the Government of the Republic of Korea and the United States
of America concluded a Free Trade Agreement("KORUS FTA"). As resulting
in lowering contract thresholds and easing participating requirements, Korean
government advertises that the KORUS FTA would give many Korean small
business firms good chances for access to U.S. government procurement market.
Because the KORUS has an substantial effect on Korean commercial interests
in the U.S. procurement market, this article tries to review the Government
Procurement Chapter of the KORUS in terms of trade policy considerations.
Generally speaking, in KORUS FTA, contract thresholds for central(federal)
government procurement have been reduced, but chances for getting access to
market for local(state) governments and defense entities have not been improved.
And the KORUS has kept on keeps on a preference for small businesses which
account for 30~40% in the government market.
Specially, Article 17.5, 2 in this agreement provides ".... a procuring entity
shall not impose the condition that, in order for a supplier to participate in
a procurement or be awarded a contract, the supplier has previously been awarded
one or more contracts by a procuring entity of that Party or that the supplier
has prior work experience in the territory of that Party".
However, U.S. obligates Korean entities to submit suety bonds, which can
be issued from U.S. financial corporations with some limitations of domestic
requirements. Thus, it would be very difficult for the Korean small construction
firms, which do not have prior work experience in the U.S., to participate in
tenders of the U.S. government construction contracts. The principle of free trade is reflected in the Government Procurement Chapter
of the KORUS by reducing contract thresholds and easing requirements for
participation, but the chapter also has something to do with the principle of
fair trade. So each party can use technical speculations to promote the conservation
of natural resources or protect the environment.
In conclusion, the Government Procurement Chapter in KORUS FTA will
provide us with a limited chance for getting access to U.S. government market.
Korean government needs to solve these problems through Government
Procurement Working Group which agreed to establish in this FTA.

다국어 초록 (Multilingual Abstract)

In 2007, the Government of the Republic of Korea and the United States
of America concluded a Free Trade Agreement("KORUS FTA"). As resulting
in lowering contract thresholds and easing participating requirements, Korean
government advertises that the KORUS FTA would give many Korean small
business firms good chances for access to U.S. government procurement market.
Because the KORUS has an substantial effect on Korean commercial interests
in the U.S. procurement market, this article tries to review the Government
Procurement Chapter of the KORUS in terms of trade policy considerations.
Generally speaking, in KORUS FTA, contract thresholds for central(federal)
government procurement have been reduced, but chances for getting access to
market for local(state) governments and defense entities have not been improved.
And the KORUS has kept on keeps on a preference for small businesses which
account for 30~40% in the government market.
Specially, Article 17.5, 2 in this agreement provides ".... a procuring entity
shall not impose the condition that, in order for a supplier to participate in
a procurement or be awarded a contract, the supplier has previously been awarded
one or more contracts by a procuring entity of that Party or that the supplier
has prior work experience in the territory of that Party".
However, U.S. obligates Korean entities to submit suety bonds, which can
be issued from U.S. financial corporations with some limitations of domestic
requirements. Thus, it would be very difficult for the Korean small construction
firms, which do not have prior work experience in the U.S., to participate in
tenders of the U.S. government construction contracts. The principle of free trade is reflected in the Government Procurement Chapter
of the KORUS by reducing contract thresholds and easing requirements for
participation, but the chapter also has something to do with the principle of
fair trade. So each party can use technical speculations to promote the conservation
of natural resources or protect the environment.
In conclusion, the Government Procurement Chapter in KORUS FTA will
provide us with a limited chance for getting access to U.S. government market.
Korean government needs to solve these problems through Government
Procurement Working Group which agreed to establish in this FTA.

참고문헌 (Reference)

1 박성민, "한?미 FTA 정부조달협상 건설부문 협상내용과 파급효과" 2007

2 정지원, "한?미 FTA 이후 미국정부조달시장 진출전략" 대외경제정책연구원 2008

3 한국조달연구원, "중소기업 및 지방기업에 대한 정부조달지원정책의 비용-편익분석" 조달청 2008

4 양준석, "다자무역내 정부조달 논의와 정책적 시사점" 대외경제정책연구원 2001

5 고준성, "국제경제법" 박영사 2006

6 최승환, "국제경제법" 법영사 2006

7 조달청 국제협력팀, "WTO 정부조달협정 현행 및 개정 협정문" 조달청 2006

8 김진동, "WTO 정부조달협정 개정 협상" 16 (16): 2005

9 Matsushita, Mitsuo, "The World Trading Organization(Law, Practice, and Policy)" Oxford University Press 2006

10 Hoekman, Bernard, "The Political Economy of the World Trading System(Second Edition)" Oxford University Press 2001

11 대한무역투자진흥공사, "KOTRA를 통한 해외 정부조달시장 진출 가이드" KOTRA 2007

12 Arrowsmith, Sue, "Government Procurement in the WTO" KLUWER LAW INTERNATIONAL 2003

13 외교통상부 통상투자진흥과, "2007 외국의 통상환경" 외교통상부 2007

14 한국조달연구원, "(우리 기업의 미국 정부조달시장 진출확대를 위한)미국 MAS 제도 조사연구" 조달청 2007

15 한국조달연구원, "(다수공급자계약제도의 실효성제고를 위한)MAS 관련 법령 개 선 및 계약사후관리 강화방안 수립" 조달청 2008