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논문 기본 정보

자료유형
학술저널
저자정보
저널정보
한국유럽학회 유럽연구 유럽연구 제9권
발행연도
1999.6
수록면
189 - 215 (27page)

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The main task of the European Community is to improve the economic situation and standard of living of the states belonging to it by establishing a common market. In order to achieve this task, the Community takes many measures including the establishment of common customs tariffs and of a common commercial policy toward third countries. When taking account of trade instruments governing the Community`s external trade, measures concerned with unfair trade are paid more attention than measures designed to control normal trade. According to the article 133 of EC Treaty revised by Amsterdam Treaty, measures against unfair trade should be based on uniform principles, particularly the achievement of uniformity in measures to protect trade, such as those to be taken in case of dumping Concerned with anti-dumping measures, the Commission of the European Union has made Korea one of the main target countries because Korea is pressing to export more of the products which the Community is struggling to protect its industry through anti-dumping measures from injury. Under the EU anti-dumping regulation, anti-dumping measures may only be imposed where the dumping caused or threatens to cause material injury to an established industry or materially retards the establishment of such an industry in the EU. Therefore, in this thesis, it will be analysed what kind of allegation of injury may justify the using of anti-dumping measures, because the Commission has retained a very wide field of discretion in this area This thesis is composed of six chapters. In chapter I, obvious conflicts in the rules between GATT and the EU are analyzed, and aims and scope of this thesis have been introduced. In chapter Ⅱ, whether the complaints constitute a major proportion of the total Community production of the like products has been examined. In chapter Ⅲ, the most complex requirement that is the material injury, including a threat of material injury and material retardation of establishment of Community industry, has been explained and analyzed. In chapter Ⅳ and Ⅴ, cumulation and causation between dumping and injury including injury margin have been explained. 1 stly, in chapter Ⅵ, based on analysis, when injury is determined, unreasonable protectionist bias in rules and practice of EU anti-dumping laws is pointed out and some proposals on the anti-dumping rules and practice are offered, as a conclusion.

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UCI(KEPA) : I410-ECN-0101-2018-030-001514493