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

서지정보

· 발행기관 : 경희대학교 법학연구소
· 수록지 정보 : 경희법학 / 43권 / 2호 / 195 ~ 217페이지
· 저자명 : 김대식

초록

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.

영어초록

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.

참고자료

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