日本对韩国出口限制案探析

An Analysis of Japan’s Export Restriction Case against South Korea

2019年,日本将韩国移出"白名单国家",理由是"日韩之间的信任关系,包括在出口管制领域的信任关系,已经大大削弱,而韩国出口管制中的某些问题只能在最大程度的信任下才能得到解决"。韩国主张该措施其实是针对2018年韩国大法院对日本企业做出的判决采取报复,在将日本诉诸WTO的同时韩国也将日本移出"白名单国家"。本文对这一贸易争端进行WTO层面的分析,认为日方的措施存在违反WTO规则的嫌疑,本文还提出此案对我国的影响,并结合我国的实际,对中美贸易争端提出一些借鉴意义,包括诉讼和报复并用和采取报复措施的技巧等。

In 2019, Japan kicked South Korea out of the "white-list countries". The reason is that " the trust relationship between Japan and South Korea, including in the field of export control, has been greatly weakened, and certain issues in S. Korean export control can only be solved with the utmost trust". South Korea claimed the measure was actually retaliation against the 2018 judgment by South Korean high court against Japanese companies, which kicked Japan out of the White List and sued it to the WTO. This article will analyze the trade dispute at the WTO level and argue that Japan ’s measures are suspected of violating the WTO rules. This paper also probes into the impact of this case on China, and based on China’s reality, it provides some reference for the handling of Sino-US trade dispute, including the combined use of litigation and retaliation and the skills of taking retaliation measures.