Article 23(Transition periods of safeguard measures and scope of application periods) #
(1) The Minister of Economy and Finance may, pursuant to the Agreement with the relevant Contracting State, apply a safeguard measure to any of the following imported goods only within a specified period of time according to the following classification: <Amended on Dec. 26, 2016; Feb. 8, 2019; Oct. 29, 2019; Jul. 27, 2021; Jan. 25, 2022; Jul. 5, 2022; Dec. 30, 2024; Feb. 28, 2025; Dec. 30, 2025; Jan. 6, 2026>
1. Imported goods originating from the ASEAN Member Countries: The transition period provided for in paragraph 2 of Article 9 of the Agreement with the ASEAN Member Countries for the relevant goods (referring to the period that begins from the date the agreement with the ASEAN member countries enters into force, and ends seven years after the date of completion of last-stage reduction or elimination of a customs duty for the relevant goods);
2. Imported goods originating from India: The transition period provided for in Article 2.22 of the Agreement with India for the relevant goods (referring to the period that begins from the date the agreement with India enters into force, and ends 10 years after the date of completion of last-stage reduction or elimination of a customs duty for the relevant goods);
3. Imported goods originating from the EU Party: Except with the consent of the EU Party prescribed in Article 3.2 of the Agreement with the EU Party, the transition period for the relevant goods (referring to the period that begins from the date the Agreement with the EU party enters into force and ends 10 years after the date of completion of last-stage reduction or elimination of a customs duty for the relevant goods);
4. Imported goods originating from Peru: The transition period provided for in Article 8.3 of the Agreement with Peru for the relevant goods (referring to the 10-year period that runs from the day immediately following the date the agreement with Peru enters into force; provided, in cases of goods for which the period that runs from the day immediately following the date the agreement with Peru enters into force to the date of elimination of customs duties is at least 10 years, the application period shall refer to the period that begins from the day immediately following the date the Agreement with the EU party enters into force, and ends five years after the date of elimination of a customs duty for the relevant goods);
5. Imported goods originating from the United States of America, classified as follows:
a. Imported goods (excluding textile-related goods and motor vehicles): Except with the consent of the United States of America prescribed in Article 10.2.5 of the Agreement with the United States of America, the transition period for the relevant goods (referring to the 10-year period that runs from the date the Agreement with the United States of America enters into force; provided, in cases of goods for which the period from the date the Agreement with the United States of America enters into force to the date of elimination of customs duties exceeds 10 years, the application period shall refer to the period from the date the Agreement with the United States of America enters into force to the date of elimination of a customs duty for the relevant goods);
b. Textile-related goods: The transition period for textile-related goods provided for in Article 4.1.5 of the Agreement with the United States of America (referring to the period that begins from the date the Agreement with the United States of America enters into force, and ends 10 years after the date of elimination of a customs duty for the relevant goods);
c. Motor vehicles: the transition period for motor vehicles provided for in Section D of the Exchange of Letters related to the Free Trade Agreement between the Republic of Korea and the United States of America (referring to the period that begins from the date the Agreement with the United States of America enters into force, and ends 10 years after the date of elimination of a customs duty for the relevant goods);
6. Imported goods originating from Turkiye: The transition period under Article 4.5 of the Agreement with Turkiye (referring to the 10th anniversary from the date of entry into force of the Agreement), except where consent of Turkiye has been obtained pursuant to Article 4.2 of that Agreement;
7. Imported goods originating from Columbia: The transition period provided for in Article 7.6 of the Agreement with Columbia, as prescribed in Article 7.2.4 of the aforesaid Agreement (referring to the 10-year period that runs from the date the Agreement with Columbia enters into force; provided, in cases of goods for which the period from the date the agreement with Columbia enters into force to the date of elimination of customs duties exceeds 10 years, the application period shall refer to the period from the date the agreement with Columbia enters into force to the date of elimination of a customs duty for the relevant goods);
8. Imported goods originating from Australia: The transition period provided for in Article 6.6 of the Agreement with Australia, as prescribed in Article 6.2.4 of the aforesaid Agreement (referring to the period that begins from the date the Agreement with Australia enters into force, and ends 5 years after the date of completion of last-stage reduction or elimination of a customs duty for the relevant goods);
9. Imported goods originating from Canada: The transition period provided for in Article 7.9 of the Agreement with Canada, as prescribed in Article 7.4 of the aforesaid Agreement (referring to the period beginning on the date the Agreement with Canada enters into force and ending on the date that is earlier between; (i) 10 years after the date of elimination of a customs duty for relevant goods; and (ii) 15 years after the Agreement with Canada enters into force);
10. Imported goods originating from New Zealand: The transition period provided for in Article 7.1 of the Agreement with New Zealand, as prescribed in Article 7.3.4 of the aforesaid Agreement (referring to the period that begins from the date the Agreement with New Zealand enters into force, and ends 5 years after the date of completion of last-stage reduction or elimination of a customs duty for the relevant goods);
11. Imported goods originating from Vietnam: The transition period provided for in Article 7.12 of the Agreement with Vietnam, as prescribed in Article 7.2 of the aforesaid Agreement (referring to the 10-year period that runs from the date the Agreement with Vietnam enters into force, or the period from the date the Agreement with Vietnam enters into force to the date of elimination of a customs duty for the relevant goods if the period of elimination of a customs duty exceeds 10 years for the relevant goods);
12. Imported goods originating from China: Except with the consent of China prescribed in Article 7.2 of the Agreement with China, the transition period provided for in the aforesaid Agreement for the relevant goods (referring to the 10-year period that runs from the date the agreement with china enters into force, or the period from the date the agreement with china enters into force to the date of elimination of a customs duty for the relevant goods if the period of elimination of a customs duty exceeds 10 years for the relevant goods);
13. Imported goods originating from the Republics of Central America: Except with the consent of the Republics of Central America prescribed in Article 7.2 of the Agreement with the Republics of Central America, the transition period provided in Article 7.15 of the same Agreement (referring to the 10-year period that runs from the day immediately following the date the Agreement with the Republics of Central America enters into force; provided, in cases of goods for which the period that runs from the day immediately following the date the Agreement with the Republics of Central America enters into force to the date of elimination of customs duties is at least 10 years, the application period shall refer to the period that begins from the day immediately following the date the Agreement with the Republics of Central America enters into force, and ends 3 years after the date of elimination of a customs duty for the relevant goods);
14. Imported goods originating from the United Kingdom of Great Britain: Except with the consent of the United Kingdom of Great Britain prescribed in Article 3.2 of the Agreement with the United Kingdom of Great Britain, the transition period for the relevant goods (referring to the period that begins from the date the Agreement with the United Kingdom of Great Britain enters into force and ends 10 years after the date of completion of last-stage reduction or elimination of a customs duty for the relevant goods);
15. Imported goods originating from Indonesia: Except with the consent of China prescribed in Article 5.3 of the Agreement with Indonesia, the transition period provided for in Article 5.1 of the aforesaid Agreement (referring to the 10-year period that runs from the date the Agreement with Indonesia enters into force, or the period from the date the Agreement with Indonesia enters into force to the date of elimination of a customs duty for the relevant goods if the period of elimination of a customs duty exceeds 10 years for the relevant goods);
16. Imported goods originating from Israel: The transition period provided for in Article 7.6 of the Agreement with Israel (referring to the period that begins from the date the Agreement with Israel enters into force, and ends 5 years after the date of completion of reduction or elimination of a customs duty); provided, a safeguard measure shall not apply during the first year of the transition period.
17. Imported goods originating from the Parties to the Regional Economic Partnership: The transitional period provided for in Article 7.1 of the Regional Comprehensive Economic Partnership (referring to the period that begins from the date the agreement enters into force, and ends 8 years after the date of completion of reduction or elimination of a customs duty); provided, pursuant to Article 7.5.2 of the Partnership, a safeguard measure shall not apply during the first year of the transition period;
18. Imported goods originating from Cambodia: The transition period provided for in Article 5.1 of the Agreement with Cambodia (referring to the period that begins from the date the Agreement with Cambodia enters into force, and ends 3 years after the date of completion of reduction or elimination of a customs duty).
19. Imported goods originating from the Philippines: The transition period provided for in Article 3.1 of the Agreement with the Philippines (referring to the period that begins from the date the Agreement with the Philippines enters into force, and ends 3 years after the date of completion of reduction or elimination of a customs duty).
20. Import goods originating in the United Arab Emirates: The transitional period under Article 7.6 of the Agreement with the United Arab Emirates (referring to the period from the effective date of the Agreement until the date that is 5 years after the date of completion of tariff reduction or elimination), except where the consent of the United Arab Emirates is obtained under Article 7.9.4c of the Agreement with the United Arab Emirates;
21. Import goods originating in Ecuador: The transitional period under Article 7.14 of the Agreement with Ecuador (referring to the period from the day following the effective date of the Agreement until the date that is 10 years after the day following the effective date of the Agreement; provided, in cases of goods for which the period from the day following the effective date of the Agreement until the date of completion of tariff elimination is 10 years or more, it refers to the period from the day following the effective date of the Agreement until the date that is 5 years after the date of completion of the relevant tariff elimination), except where the consent of Ecuador is obtained under Article 7.2.5c of the Agreement with Ecuador.
(2) The period of a safeguard measure against imported goods originating in any Contracting State shall not exceed the periods classified as follows, including the period of a provisional safeguard measure under Article 23 (1) of the Act (hereinafter referred to as the "period of a provisional safeguard measure"): <Amended on Feb. 8, 2019; Oct. 29, 2019; Jul. 27, 2021; Jan. 25, 2022; Jul. 5, 2022; Dec. 30, 2024; Feb. 28, 2025; Jan. 6, 2026>
1. Imported goods originating from Singapore: 2 years;
2. Imported goods originating from the EFTA States: 1 year;
3. Imported goods originating from the ASEAN Member Countries: 3 years;
4. Imported goods originating from India: 2 years;
5. Imported goods originating from the EU Party: 2 years;
6. Imported goods originating from Peru: 2 years;
7. Imported goods originating from the United States of America: 2 years;
8. Imported goods originating from Turkiye: 2 years;
9. Imported goods originating from Columbia: 2 years;
10. Imported goods originating from Australia: 2 years;
11. Imported goods originating from Canada: 2 years;
12. Imported goods originating from New Zealand: 2 years;
13. Imported goods originating from Vietnam: 2 years;
14. Imported goods originating from China: 2 years;
15. Imported goods originating from the Republics of Central America: 2 years;
16. Imported goods originating from the United Kingdom of Great Britain: 2 years;
17. Imported goods originating from Indonesia: 2 years;
18. Imported goods originating from Israel: 2 years;
19. Imported goods originating from the Parties to the Regional Economic Partnership: 3 years;
20. Imported goods originating from Cambodia: 2 years.
21. Imported goods originating from the Philippines: 2 years.
22. Imported goods originating in the United Arab Emirates: 2 years;
23. Imported goods originating in Ecuador: 3 years;
(3) Notwithstanding paragraph (2), where the period of a safeguard measure is to be extended according to the results of the review prescribed in Article 26, the total period of applying a safeguard measure which includes the period of a provisional safeguard measure and the period of a safeguard measure and any extension thereof shall not exceed the periods classified as follows: <Amended on Feb. 8, 2019; Oct. 29, 2019; Jul. 27, 2021; Jan. 25, 2022; Jul. 5, 2022; Dec. 30, 2024; Feb. 28, 2025; Jan. 6, 2026>
1. Imported goods originating from Singapore: Four years;
2. Imported goods originating from the EFTA States: Three years;
3. Imported goods originating from the ASEAN Member Countries: Four years;
4. Imported goods originating from India: Four years;
5. Imported goods originating from the EU Party: Four years;
6. Imported goods originating from Peru: Four years;
7. Imported goods originating from the United States of America, classified as follows:
a. Textile-related goods and motor vehicles originating from the United States of America: Four years;
b. Goods originating from the United States of America, other than those falling under item a: Three years;
8. Imported goods originating from Turkiye: 3 years;
9. Imported goods originating from Columbia: Three years;
10. Imported goods originating from Australia: Three years;
11. Imported goods originating from Canada: Four years;
12. Imported goods originating from New Zealand: Three years;
13. Imported goods originating from Vietnam: Three years;
14. Imported goods originating from China: Four years;
15. Imported goods originating from the Republics of Central America: Four years;
16. Imported goods originating from the United Kingdom of Great Britain: Four years;
17. Imported goods originating from Indonesia: Three years;
18. Imported goods originating from Israel: Three years;
19. Imported goods originating from the Parties to the Regional Economic Partnership: Four years;
20. Imported goods originating from Cambodia: Three years.
21. Imported goods originating from the Philippines: 3 years.
22. Imported goods originating in the United Arab Emirates: 3 years;
23. Imported goods originating in Ecuador: 4 years;
(4) Notwithstanding paragraphs (2) and (3), with respect to any of the following goods subject to a safeguard measure, the Minister of Economy and Finance shall terminate the relevant safeguard measure when the transition period referred to in paragraph (1) expires; provided, where consent from the relevant Contracting State is obtained in relation to the goods specified in subparagraph 2, the safeguard measure may not be terminated even after the transition period referred to in paragraph (1) expires: <Amended on Feb. 8, 2019; Oct. 29, 2019; Jul. 27, 2021; Jul. 5, 2022; Dec. 30, 2024; Feb. 28, 2025; Dec. 30, 2025; Jan. 6, 2026>
1. Goods originating from the ASEAN Member Countries, India, Peru, Columbia, Australia, Canada, New Zealand, the Parties to the Regional Economic Partnership, Cambodia, Vietnam, China, Israel, or the Philippines and textile-related goods and motor vehicles originating from the United States of America;
2. Goods originating in the EU Party, Turkiye, the United States of America, the Republics of Central America, the United Kingdom of Great Britain, Indonesia, the United Arab Emirates, and Ecuador (excluding textile-related goods and motor vehicles from among goods originating in the United States of America).