Sub-Sector

Industry Classification

Type of Reservation: Performance Requirements (Article 10.5)

Description:

Korea reserve the right to adopt or maintain any measure with respect to the following measures: the obligation to distribute a certain percentage of low-emission motor vehicles; the submission and approval of plans to distribute low-emission motor vehicles.

A distributor of motor vehicles shall submit an annual plan to supply low-emission motor vehicles in accordance with the annual popularization standard of low-emission motor vehicle (1.5%, 2006). The distributor shall obtain approval of the plan by the Minister of Environment and report business results to the Minister of Environment

Existing Measures:

Special Act on Metropolitan Air Quality Improvement(Law No. 9036, Mar.28, 2008), Article 23

Enforcement Decree (Presidential Decree No. 21033, Sep.25, 2008), Article 26

Article 11.

Sector: Atomic Energy

Sub-Sector: Nuclear Power Generation; Manufacturing and Supply of Nuclear Fuel; Nuclear Materials; Radioactive Waste Treatment and Disposal (including treatment and disposal of spent and irradiated nuclear fuel); Radioisotope and Radiation Generation Facilities; Monitoring Services for Radiation; Services Related to Nuclear Energy; Planning, Maintenance, and Repair Services

Industry Classification

Type of Reservation: National Treatment (Article 10.3) Performance Requirements (Article 10.5) Senior Management and Boards of Directors (Article 10.6)

Description: Korea reserves the right to adopt or maintain any measure with respect to the atomic energy industry.

Existing Measures: The Electricity Business Act (Law No. 9017, Mar. 28, 2008)

Article 12.

Sector: Energy Industry

Sub-Sector: Electric Power Generation other than Nuclear Power Generation; Electric Power Transmission, Distribution, and Sales; Electricity Business

Industry Classification

Type of Reservation: National Treatment (Article 10.3) Performance Requirements (Article 10.5) Senior Management and Boards of Directors (Article 10.6)

Description:

Korea reserves the right to adopt or maintain any measure with respect to electric power generation, transmission, distribution, and sales.

Any such measure shall not decrease the level of foreign ownership permitted in the electric power industry as provided by the entry in Korea’s Schedule to Annex I related to Energy Industry (electric power).

Notwithstanding this entry, Korea shall not adopt or maintain any measure inconsistent with Article 5 (Performance Requirement. 1.(f))

Existing Measures:

Article 203 of the Securities and Exchange Act (Law No.8985, March. 21, 2008)

Article 87-2 of its Enforcement Decree (Presidential Decree No. 20653, February. 29, 2008)

Articles 7, 73-5 and 78 of the Electricity Business Act (Law No. 9017, Mar. 28, 2008)

Articles 4 and 5 of the Foreign Investment Promotion Act (Law No. 9071, Mar. 28, 2008)

Article 5 of its Enforcement Decree (Presidential Decree No. 20947, July.29, 2008)

Article 5 of the Regulations on Foreign Investment and Technology Inducement (The Ministry of Knowledge Economy Notice No. 2008-141 October. 1, 2008)

Article 13.

Sector: Energy Industry

Sub-Sector: Gas industry

Industry Classification

Type of Reservation: National Treatment (Article 10.3) Performance Requirements (Article 10.5) Senior Management and Boards of Directors (Article 10.6)

Description:

Korea reserves the right to adopt or maintain any measure with respect to the import and wholesale distribution of natural gas and the operation of terminals and the national high pressure pipeline network.

Any such measure shall not decrease the level of foreign ownership permitted in the gas industry as provided by the entry in Korea's Schedule to Annex I related to Energy Industry (gas industry).

Existing Measures:

Article 19 of the Act on the Improvement of Managerial Structure and Privatization of Public Enterprises (Law No. 8852, Feb 29, 2008)

Article 1 of the Korea Gas Corporation Act (Law No. 8976, Mar 21, 2008)

Articles 1, 3, 11, 15, 16, 16-2, 16-3, 17, 17-2, 18-4, 22, 24, 25, 30, 35 and 43 of the City Gas Business Act (Law No. 9021, Mar 28, 2008)

Article 11 of the Articles of Incorporation of the Korea Gas Corporation (Mar. 28, 2008)

Article 9 of the Petroleum and Alternative Fuel Business Act (Law No. 8852, Feb. 29, 2008)

Article 203 of the Securities and Exchange Act (Law No. 8985, March. 21, 2008)

Articles 4 and 5 of the Foreign Investment Promotion Act (Law No. 9017, Mar. 28, 2008)

Article 14.

Sector: Transportation Industry

Sub-Sector Industry Classification

Type of Reservation: National Treatment (Article 10.3) Performance Requirements (Article 10.5) Senior Management and Boards of Directors (Article 10.6)

Description:

Korea reserves the right to adopt or maintain any measure with respect to internal waterways transportation, space transportation, international maritime passenger transportation services, maritime cabotage, and the acquisition of Korean vessels.

Existing Measures

Article 15.

Sector: Motion picture and video tape production and distribution and projection

Sub-Sector Industry Classification

Type of Reservation: National Treatment (Article 10.3) Performance Requirements (Article 10.5)

Description: Korea reserves the right to adopt or maintain any measure setting criteria for determining whether broadcasting programs and audio-visual contents are Korean.

Existing Measures:

Act on Promotion of Motion Pictures and Video Products (Law No. 9004, March 28, 2008), Articles 27, and 40

Enforcement Decree of the Act on Promotion of Motion Pictures and Video Products (Presidential Decree No. 20676, February 29, 2008), Article 10 and 19

Enforcement Regulations of the Act on Promotion of Motion Pictures and Video Products(Ordinance of the Ministry of Culture, Sports and Tourism No. 1, March 6, 2008), Article 5

Notice on Programming Ratio (Korea Communications Commission No. 2008-72, May 18, 2008)

Article 16.

Sector: Motion picture and video tape production and distribution and projection

Sub-Sector

Industry Classification

Type of Reservation: Performance Requirements (Article 10.5)

Description: Korea reserves the right to adopt or maintain any preferential co-production arrangement for film or television productions. Official co-production status, which may be granted to a co- production produced under such a co-production arrangement, confers national treatment on works covered by a co- production arrangement.

Existing Measures:

Act on Promotion of Motion Pictures and Video Products (Law No. 9004, March 28, 2008), Articles 25

Notice on Programming Ratio (Korea Communications Commission No. 2008-72, May 18, 2008)

Article 17.

Sector: Real Estate Services (not including Real Estate Brokerage and Appraisal Services)

Sub-Sector Industry Classification

Type of Reservation: National Treatment (Article 10.3) Performance Requirements (Article 10.6)

Description: Korea reserves the right to adopt or maintain any measure with respect to real estate development and supply.

Existing Measures

Article 18.

Sector: Cadastral Map-Making

Sub-Sector

Industry Classification

Type of Reservation: National Treatment (Article 10.3)

Description: Korea reserves the right to adopt or maintain any measure with respect to cadastral surveying services and cadastral map making.

Existing Measures

Article 19.

Sector: Business and Environmental Services

Sub-Sector: Examination, Certification, and Classification of Agricultural Raw Materials and Live Animals (nong chuk san mul)

Industry Classification

Type of Reservation: National Treatment (Article 10.3)

Description:

Korea reserves the right to adopt or maintain any measure with respect to examination, certification, and classification of agricultural raw materials and live animal products.

For greater certainty, this entry does not include examinations or testings performed on behalf of producers in advance of the official examinations or testings.

Existing Measures

Article 20.

Sector: Agriculture, Hunting, Forestry, Fishing and related service activities

Sub-Sector

Industry Classification: ISIC 01, 05

Type of Reservation: National Treatment (Article 10.3) Performance Requirements (Article 10.5) Senior Management and Boards of Directors (Article 10.6)

Description:

Korea reserves the right to adopt or maintain any measure with respect to services incidental to agriculture, forestry, and livestock, including genetic improvement, artificial insemination, rice and barley polishing, and activities related to a rice processing complex.

Korea reserves the right to adopt or maintain any measure with respect to the supply of services incidental to agriculture, hunting, forestry, and fishing by the Agricultural Cooperatives, the Forestry Cooperatives, and the Fisheries Cooperatives.

Existing Measures

Article 21.

Sector: Fishing

Sub-Sector: Fishing, aquaculture and service activities incidental to fishing

Industry Classification: ISIC 05

Type of Reservation: National Treatment (Articles 10.3)

Description: Korea reserves the right to adopt or maintain any measure with respect to fishing, aquaculture and service activities incidental to fishing.

Existing Measures: Government Policy

Article 22.

Sector: Printing and publishing

Sub-Sector: Publishing of Newspapers

Industry Classification

Type of Reservation: National Treatment (Articles 10.3) Senior Management and Boards of Directors (Articles 10.6)

Description: Korea reserves the right to adopt or maintain any measure with respect to the publishing (including printing and distribution) of newspapers.

Existing Measures:

Articles 13, 14 and 26 of the Act on the Guarantee of Freedom and Function of Newspapers, Etc. (Law No. 8852, February 29, 2008)

Articles 8, 17, 18, 19 and 20 of its Enforcement Decree (Presidential Decree No. 20676, February 29, 2008)

Article 23.

Sector: Social Services

Sub-Sector: Human Health Services

Industry Classification

Type of Reservation: National Treatment (Articles 10.3) Performance Requirements (Articles 10.5) Senior Management and Boards of Directors (Articles 10.6)

Description:

Korea reserves the right to adopt or maintain any measure with respect to human health services.

This entry shall not apply to the preferential measures provided in the Act on Designation and Management of Free Economic Zones (Law No. 9071, March. 28, 2008), and the Special Act on Establishment of Jeju Special Self-Governing Province and Creation of Free International City (Law No, 9045, March. 28, 2008) relating to establishment of medical facilities, pharmacies, and similar facilities, and the supply of remote medical services to those geographical areas specified in those Acts.

Existing Measures: None

Article 24.

Sector: Motion picture and video tape production and distribution and projection

Sub-Sector

Industry Classification

Type of Reservation: National Treatment (Articles 10.3) Performance Requirements (Articles 10.5)

Description: 

Korea reserves the right to adopt or maintain any measure with respect to motion picture projection (including electronic transmission), promotion, advertising, or post-production services.

Existing Measures:

Act on Promotion of Motion Pictures and Video Products (Law No. 9004, March 28, 2008)

Enforcement Decree of the Act on Promotion of Motion Pictures and Video Products (Presidential Decree No. 20676, February 29, 2008)

Article 25.

Sector: Library, Museum and Other Cultural Services

Sub-Sector

Industry Classification

Type of Reservation: National Treatment (Articles 10.3) Performance Requirements (Articles 10.5) Senior Management and Boards of Directors (Articles 10.6)

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

Existing Measures:

Articles 18, 44 and 61 of the Protection of Cultural Properties Act (Law No. 9002, March 28, 2008)

Article 26.