1. The final panel report on the WTO Korea-EU Commercial Vessel Dispute, which was distributed to the
disputing parties on December 22 of last year, was officially circulated among the WTO members in March 7,
Geneva time.
2. The panel ruled that the creditor’s assistance for restructuring Daewoo Shipbuilding and Marine
Engineering, Samho Shipbuilding and Daedong Shipbuilding was inconsistent to the government subsidies
under the WTO Subsidies and Countervailing Measures (SCM ) Agreement.
3. Also, as the panel did not find on the Pre-shipment Loan and the Advance Payment Refund Guarantee of
the Korea ExIm Bank in violation with the SCM Agreement, Korea ExIm Bank will continue to sustain the two
policies.
4. However, the panel recommended the Korea ExIm Bank to remove the Pre-shipment Loan and the
Advance Payment Refund Guarantee within 90 days that were issued during January ~ March 5, 2004 to
certain shipbuilding companies as they were recognized as export subsidies. But these loans and
guarantees have all expired at the end of last year, making the ruling irrelevant.
5. As the Korean government won the dispute on the restructuring assistance subsidies which was the core
issue, the Korean shipbuilding industry has been provided the footing to sustain and expand their number
one global market share which has been maintained since 1999 in the category of orders.
6. Especially, the content of the ruling on restructuring assistance reconfirms the ruling of the U.S.-Hynix
DRAM Panel on February 21, 2005, acknowledging that the government restructuring measures of the
financial and corporate sectors after the 1997 financial crisis cannot be viewed as subsidies, and signifies
blockage of Korea’s major trading partners such as U.S., EC, Japan, etc. from imposing countervailing
duties or filing a complaint to the WTO on Korean companies who went through restructuring after the 1997
financial crisis.
Spokesperson for MOFAT
* unofficial translation