Act on the Prevention and Control of Infectious Diseases Quarantine Act

Tuberculosis Prevention Act Cancer Control Act

Act on the Prevention of Acquired Immunodeficiency Syndrome

Act on the Promotion of Korean Medicine and Pharmaceuticals

Health Functional Foods Act

Agricultural and Marine Product Quality Control Act

Act on the Control of Narcotics, etc.

Framework Act on Food Safety

Food Sanitation Act

Laboratory Animal Act

Special Act on Safety Control of Children's Dietary Life

Medical Devices Act

Safety, Management, etc. of Human Tissue Act

Livestock Products Sanitary Control Act

Cosmetics Act

National Sports Promotion Act

Health Services

Obligations Concerned:

National Treatment (Articles 7.2 and 11.3)

Market Access (Article 7.4)

Performance Requirements (Article 11.9)

Senior Management and Boards of Directors (Article 11.10)

Description:

Cross-Border Trade in Services and Investment

Korea reserves the right to adopt or maintain any measure with respect to: the collection of blood and its components; the distribution of blood and blood products, including plasma derived products; plasma fractionation services; and the procurement of blood and blood products and services.

Existing Measures:

Act on the Organization of the Korean National Red Cross

Blood Management Act

Pharmaceutical Affairs Act

Recreational, Cultural, and Sporting Services - Motion Picture Promotion, Advertising or Post-Production Services

Obligations Concerned:

National Treatment (Articles 7.2 and 11.3)

Most-Favoured-Nation Treatment (Articles 7.3 and 11.4)

Performance Requirements (Article 11.9)

Local Presence (Article 7.5)

Description:

Cross-Border Trade in Services and Investment

Korea reserves the right to adopt or maintain any measure with respect to motion picture promotion, advertising or post-production services.

Existing Measures:

Act on Promotion of Motion Pictures and Video Products (Law No. 11902, July 16, 2013)

Enforcement Decree of the Act on Promotion of Motion Pictures and Video Products (Presidential Decree No. 24036, August 13, 2012)

Recreational, Cultural, and Sporting Services - Museum and Other Cultural Services

Obligations Concerned:

National Treatment (Articles 7.2 and 11.3)

Performance Requirements (Article 11.9)

Senior Management and Boards of Directors (Article 11.10)

Local Presence (Article 7.5)

Description:

Cross-Border Trade in Services and Investment

Korea reserves the right to adopt or maintain any measure with respect to the conservation, reconstruction, and restoration of cultural heritage and properties, including the excavation, appraisal or dealing of cultural heritage and properties.

Existing Measures:

Cultural Heritage Protection Act (Law No. 11228, January 26, 2012)

Enforcement Decree of the Cultural Heritage Protection Act (Presidential Decree No. 23862, June 19, 2012)

Archeological Heritage Protection and Survey Act (Law No. 10882, July 21, 2011)

Enforcement Regulations of the Archeological Heritage Protection and Survey Act (Ordinance of the Ministry of Culture, Sports and Tourism No. 78, February 16, 2011)

Act on the Cultural Heritage Repair, Etc (Law No. 11530, December 11, 2012)

Other Recreational Services

Obligations Concerned:

National Treatment (Article 11.3)

Description:

Investment

Korea reserves the right to adopt or maintain any measure with respect to tourism in rural, fishery and agricultural sites.

Legal Services - Foreign Legal Consultants

Obligations Concerned:

National Treatment (Articles 7.2 and 11.3)

Senior Management and Boards of Directors (Article 11.10)

Local Presence (Article 7.5)

Description:

Cross-Border Trade in Services and Investment

1. Korea reserves the right to adopt or maintain any measures (1) including but not limited to:restrictions on certification, approval, registration, admission, and supervision of, and any other requirements with respect to, any persons who have obtained qualification in a foreign country equivalent to that of byeon-ho-sa (Korean-licensed lawyers) or foreign law firms supplying any type of legal services in Korea (2) ;restrictions on any persons who have obtained qualification in a foreign country equivalent to that of byeon-ho-sa (Korean-licensed lawyers) or foreign law firms entering into partnerships, commercial associations, affiliations, or any other type of relationship regardless of legal form, with byeon-ho-sa (Korean-licensed lawyers), Korean law firms, beop-mu-sa (Korean-certified judicial scriveners), byeon-ri-sa (Korean-licensed patent attorneys), gong-in-hoe-gye-sa (Korean-certified public accountants), se-mu-sa (Korean-certified tax accountants), or gwan-se-sa (Korean customs brokers) (3);restrictions on any persons who have obtained qualification in a foreign country equivalent to that of byeon-ho-sa (Korean-licensed lawyers) or foreign law firms hiring byeon-ho-sa (Korean-licensed lawyers), beop-mu-sa (Korean-certified judicial scriveners), byeon-ri-sa (Korean-licensed patent attorneys), gong-in-hoe-gye-sa (Korean-certified public accountants), se-mu-sa (Korean-certified tax accountants), or gwan-se-sa (Korean customs brokers) in Korea (4) ; and restrictions on senior management and the board of directors of legal entities supplying foreign legal consulting services, including with respect to the chairman.
2. restrictions on certification, approval, registration, admission, and supervision of, and any other requirements with respect to, any persons who have obtained qualification in a foreign country equivalent to that of byeon-ho-sa (Korean-licensed lawyers) or foreign law firms supplying any type of legal services in Korea (2) ;
3. restrictions on any persons who have obtained qualification in a foreign country equivalent to that of byeon-ho-sa (Korean-licensed lawyers) or foreign law firms entering into partnerships, commercial associations, affiliations, or any other type of relationship regardless of legal form, with byeon-ho-sa (Korean-licensed lawyers), Korean law firms, beop-mu-sa (Korean-certified judicial scriveners), byeon-ri-sa (Korean-licensed patent attorneys), gong-in-hoe-gye-sa (Korean-certified public accountants), se-mu-sa (Korean-certified tax accountants), or gwan-se-sa (Korean customs brokers) (3);
4. restrictions on any persons who have obtained qualification in a foreign country equivalent to that of byeon-ho-sa (Korean-licensed lawyers) or foreign law firms hiring byeon-ho-sa (Korean-licensed lawyers), beop-mu-sa (Korean-certified judicial scriveners), byeon-ri-sa (Korean-licensed patent attorneys), gong-in-hoe-gye-sa (Korean-certified public accountants), se-mu-sa (Korean-certified tax accountants), or gwan-se-sa (Korean customs brokers) in Korea (4); and
5. restrictions on senior management and the board of directors of legal entities supplying foreign legal consulting services, including with respect to the chairman.
6. Notwithstanding paragraph 1,no later than the date this Agreement enters into force, Korea shall allow, subject to certain requirements consistent with this Agreement, Australian law firms to establish representative offices (Foreign Legal Consultant offices or FLC offices) in Korea, and lawyers licensed in Australia to provide legal advisory services regarding the laws of the jurisdiction in which they are licensed and public international law as foreign legal consultants in Korea.no later than two years after the date this Agreement enters into force, Korea shall allow FLC offices, subject to certain requirements consistent with this Agreement, to enter into specific cooperative agreements with Korean law firms in order to be able to jointly deal with cases where domestic and foreign legal issues are mixed, and to share profits derived from such cases.no later than five years after the date this agreement enters into force, Korea shall allow Australian law firms to establish, subject to certain requirements consistent with this Agreement, joint venture firms with Korean law firms. Korea may impose restrictions on the proportion of voting shares or equity interests of the joint venture firms. For greater certainty, such joint ventures may, subject to certain requirements, employ Korean-licensed lawyers as partners or associates.
7. no later than the date this Agreement enters into force, Korea shall allow, subject to certain requirements consistent with this Agreement, Australian law firms to establish representative offices (Foreign Legal Consultant offices or FLC offices) in Korea, and lawyers licensed in Australia to provide legal advisory services regarding the laws of the jurisdiction in which they are licensed and public international law as foreign legal consultants in Korea.
8. no later than two years after the date this Agreement enters into force, Korea shall allow FLC offices, subject to certain requirements consistent with this Agreement, to enter into specific cooperative agreements with Korean law firms in order to be able to jointly deal with cases where domestic and foreign legal issues are mixed, and to share profits derived from such cases.
9. no later than five years after the date this agreement enters into force, Korea shall allow Australian law firms to establish, subject to certain requirements consistent with this Agreement, joint venture firms with Korean law firms. Korea may impose restrictions on the proportion of voting shares or equity interests of the joint venture firms. For greater certainty, such joint ventures may, subject to certain requirements, employ Korean-licensed lawyers as partners or associates.
10. Korea shall maintain, at a minimum, the measures adopted to implement its commitments in paragraph 2.

For the purposes of this entry, "Australian law firm" means a law firm organised under Australian law and headquartered in Australia.

Professional Services - Foreign Chartered Accountants

Obligations Concerned:

National Treatment (Articles 7.2 and 11.3)

Senior Management and Boards of Directors (Article 11.10)

Local Presence (Article 7.5)

Description:

Cross-Border Trade in Services and Investment

1. Korea reserves the right to adopt or maintain any measures, including but not limited to:restrictions on certified public accountants or accounting corporations registered under foreign laws hiring gong-in-hoe-gye-sa (Korean-certified public accountants);restrictions on foreign-certified public accountants providing auditing services in Korea; andrestrictions on senior management and the board of directors of legal entities supplying certified public accountancy services, including with respect to the chairman.
2. restrictions on certified public accountants or accounting corporations registered under foreign laws hiring gong-in-hoe-gye-sa (Korean-certified public accountants);
3. restrictions on foreign-certified public accountants providing auditing services in Korea; and
4. restrictions on senior management and the board of directors of legal entities supplying certified public accountancy services, including with respect to the chairman.
5. Notwithstanding paragraph 1,no later than the date this Agreement enters into force, Korea shall allow, subject to certain requirements consistent with this Agreement:Australian certified public accountants registered in Australia or accounting corporations organised under Australian law to supply accounting consulting services relating to Australian or international accounting laws and standards through offices established in Korea; andAustralian certified public accountants registered in Australia to work in hoe-gye-beop-in (Korean accounting corporations);no later than five years after the date this Agreement enters into force, Korea shall allow Australian certified public accountants registered in Australia to invest in any hoe-gye-beop-in (Korean accounting corporations), subject to certain requirements consistent with this Agreement, provided that:gong-in-hoe-gye-sa (Korean registered certified public accountants) shall own more than 50 per cent of the voting shares or equity interest of the hoe-gye-beop-in, andany single Australian certified public accountants registered in Australia owns less than 10 per cent of the voting shares or equity interests of the hoe-gye-beop-in.
6. no later than the date this Agreement enters into force, Korea shall allow, subject to certain requirements consistent with this Agreement:Australian certified public accountants registered in Australia or accounting corporations organised under Australian law to supply accounting consulting services relating to Australian or international accounting laws and standards through offices established in Korea; andAustralian certified public accountants registered in Australia to work in hoe-gye-beop-in (Korean accounting corporations);
7. Australian certified public accountants registered in Australia or accounting corporations organised under Australian law to supply accounting consulting services relating to Australian or international accounting laws and standards through offices established in Korea; and
8. Australian certified public accountants registered in Australia to work in hoe-gye-beop-in (Korean accounting corporations);
9. no later than five years after the date this Agreement enters into force, Korea shall allow Australian certified public accountants registered in Australia to invest in any hoe-gye-beop-in (Korean accounting corporations), subject to certain requirements consistent with this Agreement, provided that:gong-in-hoe-gye-sa (Korean registered certified public accountants) shall own more than 50 per cent of the voting shares or equity interest of the hoe-gye-beop-in, andany single Australian certified public accountants registered in Australia owns less than 10 per cent of the voting shares or equity interests of the hoe-gye-beop-in.
10. gong-in-hoe-gye-sa (Korean registered certified public accountants) shall own more than 50 per cent of the voting shares or equity interest of the hoe-gye-beop-in, and
11. any single Australian certified public accountants registered in Australia owns less than 10 per cent of the voting shares or equity interests of the hoe-gye-beop-in.
12. Korea shall maintain, at a minimum, the measures adopted to implement its commitments in paragraph 2.

For the purposes of this entry:

1. an "Australian certified public accountant registered in Australia" means an Australian accounting with the qualification of Certified Practising Accountant or Chartered Accountant; andan "Australian accounting corporation" means an accounting corporate entity or partnership organised under Australian law and headquartered in Australia.
2. an "Australian certified public accountant registered in Australia" means an Australian accounting with the qualification of Certified Practising Accountant or Chartered Accountant; and
3. an "Australian accounting corporation" means an accounting corporate entity or partnership organised under Australian law and headquartered in Australia.

Professional Services - Foreign Certified Tax Accountants

Obligations Concerned:

National Treatment (Articles 7.2 and 11.3)

Local Presence (Article 7.5)

Senior Management and Boards of Directors (Article 11.10)

Description:

Cross-Border Trade in Services and Investment

1. Korea reserves the right to adopt or maintain any measures, including but not limited to:restrictions on certified tax accountants or tax agency corporations registered under foreign laws hiring se-mu-sa (Korean-certified tax accountants) or gong-in-hoe-gye-sa (Korean-certified public accountants);restrictions on foreign-certified tax accountants providing tax reconciliation services and tax representative services in Korea; andrestrictions on senior management and the board of directors of legal entities supplying certified tax accountancy services, including with respect to the chairman.
2. restrictions on certified tax accountants or tax agency corporations registered under foreign laws hiring se-mu-sa (Korean-certified tax accountants) or gong-in-hoe-gye-sa (Korean-certified public accountants);
3. restrictions on foreign-certified tax accountants providing tax reconciliation services and tax representative services in Korea; and
4. restrictions on senior management and the board of directors of legal entities supplying certified tax accountancy services, including with respect to the chairman.
5. Notwithstanding paragraph 1,no later than the date this Agreement enters into force, Korea shall allow, subject to certain requirements consistent with this Agreement:the establishment of offices in Korea by Australian certified tax accountants registered in Australia or tax agency corporations organised under Australian laws to provide tax consulting services with respect to Australian or international tax laws and taxation system; andAustralian certified tax accountants registered in Australia to work in se-mu-beop-in (Korean tax agency corporations).no later than five years after this Agreement enters into force, Korea shall allow Australian certified tax accountants registered in Australia to invest in any se-mu-beop-in (Korean tax agency corporations), subject to certain requirements consistent with this Agreement, provided that:se-mu-sa (Korean-certified tax accountants) shall own more than 50 per cent of the voting shares or equity interests of the se-mu-beop-in; andany single Australian certified tax accountant registered in Australia owns less than 10 per cent of the voting shares or equity interests of these-mu-beop-in.
6. no later than the date this Agreement enters into force, Korea shall allow, subject to certain requirements consistent with this Agreement:the establishment of offices in Korea by Australian certified tax accountants registered in Australia or tax agency corporations organised under Australian laws to provide tax consulting services with respect to Australian or international tax laws and taxation system; andAustralian certified tax accountants registered in Australia to work in se-mu-beop-in (Korean tax agency corporations).
7. the establishment of offices in Korea by Australian certified tax accountants registered in Australia or tax agency corporations organised under Australian laws to provide tax consulting services with respect to Australian or international tax laws and taxation system; and
8. Australian certified tax accountants registered in Australia to work in se-mu-beop-in (Korean tax agency corporations).
9. no later than five years after this Agreement enters into force, Korea shall allow Australian certified tax accountants registered in Australia to invest in any se-mu-beop-in (Korean tax agency corporations), subject to certain requirements consistent with this Agreement, provided that:se-mu-sa (Korean-certified tax accountants) shall own more than 50 per cent of the voting shares or equity interests of the se-mu-beop-in; andany single Australian certified tax accountant registered in Australia owns less than 10 per cent of the voting shares or equity interests of these-mu-beop-in.
10. se-mu-sa (Korean-certified tax accountants) shall own more than 50 per cent of the voting shares or equity interests of the se-mu-beop-in; and
11. any single Australian certified tax accountant registered in Australia owns less than 10 per cent of the voting shares or equity interests of these-mu-beop-in.
12. Korea shall maintain, at a minimum, the measures adopted to implement its commitments in paragraph 2.

For the purposes of this entry:

1. an "Australian certified tax accountant registered in Australia" means an Australian tax accountant with the qualification of Certified Practising Accountant or Chartered Accountant; andan "Australian tax agency corporation" means a tax agency corporation or partnership organised under Australian law and headquartered in Australia.
2. an "Australian certified tax accountant registered in Australia" means an Australian tax accountant with the qualification of Certified Practising Accountant or Chartered Accountant; and
3. an "Australian tax agency corporation" means a tax agency corporation or partnership organised under Australian law and headquartered in Australia.

Existing Measures:

Certified Tax Accountant Act (Law No. 11610, January 1, 2013), Articles 6, 13, 16-3 and 20

Enforcement Decree of the Corporate Tax Act (Presidential Decree No. 24824, November 5, 2013), Article 97

Guidelines Governing the Work of Tax Agents, (Order of the National Tax Service No. 1761, August 24, 2009) Articles 20 and 22

Business Services

Obligations Concerned:

National Treatment (Article 7.2)

Local Presence (Article 7.5)

Description:

Cross-Border Trade in Services

Korea reserves the right to adopt or maintain any measure with respect to the exportation and re-exportation of controlled commodities, software and technology.

Only persons residing in Korea may apply for a license to export or re-export such commodities, software or technology.

Existing Measures:

Promotion of Atomic Energy Act (Law No. 11714, March 23, 2013)

Foreign Trade Act (Law No. 11873, June 7, 2013)

Notice on Exportation and Re-Exportation of Controlled Commodities (Notice of the Ministry of Trade, Industry and Energy No. 2013-39, May 31, 2013)

The Customs Act (Law No. 11602, January 1, 2013)

All Sectors

Obligations Concerned:

National Treatment (Articles 11.3)

Performance Requirements (Article 11.9)

Senior Management and Boards of Directors (Article 11.10)

Description:

Investment

Korea reserves the right to adopt or maintain any measure with respect to an investment to supply a service in the exercise of governmental authority, as that term is defined in Article 7.1.5, such as law enforcement and correctional services. This entry does not apply to:

1. an investor or covered investment that has entered into an agreement with Korea with respect to the supply of such services; or
2. a measure adopted or maintained by Korea to the extent that the measure is subject to Chapter 8 (Financial Services).

Transportation Services - Maritime Passenger Transportation and Maritime Cabotage

Obligations Concerned:

National Treatment (Articles 7.2 and 11.3)

Most-Favoured-Nation Treatment (Articles 7.3 and 11.4)

Performance Requirements (Article 11.9)

Senior Management and Boards of Directors (Article 11.10)

Local Presence (Article 7.5)

Description:

Cross-Border Trade in Services and Investment

Korea reserves the right to adopt or maintain any measure with respect to the provision of international maritime passenger transportation services, maritime cabotage, and the operation of Korean vessels, including the following measures:

A person that supplies international maritime passenger transportation services must obtain a license from the Minister of Oceans and Fisheries, which is subject to an economic needs test.

Without prejudice to the scope of activities which may be considered as cabotage under the relevant national legislation, maritime cabotage is reserved for Korean vessels, which are assumed to cover transportation of passengers or goods between a port or point located in the entire Korean peninsula and(or) any adjacent Korean islands and another port or point located in the entire Korean peninsula and(or) any adjacent Korean islands, including on its continental shelf as provided in the UN Convention on the Law of the Sea, and traffic originating and terminating in the same port or point located in the entire Korean peninsula and any adjacent Korean islands. "Korean vessel" means:

1. a vessel owned by the Korean Government, a state enterprise, or a subsidiary institutions of the Ministry of Oceans and Fisheries;
2. a vessel owned by a Korean national;
3. a vessel owned by an enterprise organised under the Korean Commercial Code; or
4. a vessel owned by an enterprise organised under foreign law that has its principal office in Korea and whose dae-pyo-ja (for example, a chief executive officer, president, or similar principal senior officer) is a Korean national. In the event there is more than one, all dae-pyo-ja must be Korean nationals.

For greater certainty, measures relating to the landside aspects of port activities are subject to the application of Article 22.2 (Essential Security).

Appendix II-A

For the following Sectors, Korea's obligations under Article XVI of the General Agreement on Trade in Services as set out in Korea's Schedule of Specific Commitments under the GATS (GATS/SC/48, GATS/SC/48/Suppl.1, GATS/SC/48/Suppl.1/Rev. 1, GATS/SC/48/Suppl.2, GATS/SC/48/Suppl.3, and GATS/SC/48/Suppl.3/Rev.1) are improved as described.

Sector/Sub-sectorMarket Access Improvements

Research and development services

Research and development services on natural sciences

Research and development services on social sciences and humanities

Interdisciplinary research and development services

Insert new commitments with "None" for modes 1 and 2, "Unbound" for mode 3 and "Unbound except as indicated in the Horizontal Commitments section." for mode 4.

Modify mode 1 and 2 limitations from "Unbound" to "None".

Insert new commitments with "None" for modes 1 and 2, "Unbound" for mode 3 and "Unbound except as indicated in the Horizontal Commitments section" for mode 4.

Market research and public opinion polling servicesModify mode 1 and 2 limitations from "Unbound" to "None".Services incidental to miningModify mode 1 and 2 limitations from "Unbound" to "None".Packaging servicesModify mode 1 and 2 limitations from "Unbound" to "None".Convention services other than convention agency servicesInsert new commitments with "None" for mode 1, 2 and 3 and "Unbound except as indicated in the Horizontal Commitments section" for mode 4.

For the following Sectors, Korea's obligations under Article XVI of the General Agreement on Trade in Services as set out in Korea's Schedule of Specific Commitments under the GATS (GATS/SC/48, GATS/SC/48/Suppl.1, GATS/SC/48/SupplJ/Rev. 1, GATS/SC/48/Suppl.2, GATS/SC/48/Suppl.3, and GATS/SC/48/Suppl.3/Rev.1) are improved as described.

III. Annex