Chapter 1: Border Measures: Customs and Import-related Measures
Deok-Young Park INTRODUCTION 1. As a Member of the World Trade Organization (WTO), Korea has tried to and is fully committed to facilitating trade, safeguarding public security and promoting a fair trade environment. Among Korea’s relevant trade measures, the customs issue is thought to be one of the core trade-related measures because it directly affects the “trade,” which means the activity of buying and selling or of exchanging goods or services between countries.1 If measures taken by one country’s customs office are discriminative or unjustifiable, the trading systems will suffer and trade-related disputes may arise. Against this backdrop, it is meaningful to review one’s customs clearance rules or other trade-related legislations or regulations. This chapter introduces the operation and application of the Customs Act of Korea (KCA) and other trade-related rules.2 In addition, this chapter introduces the customs-regulating governmental body, the Korea Customs Service (KCS). 2. INTRODUCTION TO THE CUSTOMS ACT AND RELATING DECREES OF KOREA Korea has one customs act and its regulations, as well as another special act to apply customs rules in the case of the WTO or Free Trade Agreement (FTA). The Decree of Customs Act provides specific matters on the implementation of trade-relating measures not stipulated in, but delegated by 1 2 Oxford Advanced Dictionary. The English version of these acts is found in this website: http://elaw.klri. re.kr. 1 M2509 - CHANG PRINT.indd 1 27/01/2011 10:19 2 Trade law and regulation in Korea the Customs Act.3 Another special law provides the implementation of...
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