FTA 전자상거래 장(章)의 변천과 과제 -한·미FTA, 한·중FTA, TPP를 중심으로- (The Transition of FTA Chapter on Electronic Commerce – Focusing on the KORUS, Korea-China FTAs and the TPP -)

서지정보

· 발행기관 : 경북대학교 IT와 법연구소
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· 저자명 : 정찬모

초록

With the global economic depression, the growth rate of world trade remain behind the average economic growth. Policy makers who are worrying about this situation find new opportunities in digital trade. Against these economic and policy considerations, the Trans-Pacific Partnership ( TPP) incorporates provisions concerning electronic commerce which are new to the previous Free Trade Agreements (FTAs). This paper compares Electronic Commerce Chapter of the TPP with those of the Korea-US FTA and Korea-China FTA among others.
The Korea-US FTA provided a template for the following FTAs. The E-Commerce Chapter of the Korea-China FTA evaded imposing strict obligations on the Contracting Parties and offered a programmatic best effort message. It reveals weaknesses in substantive as well as procedural aspects. We may find its value in that it lays down foundations for future cooperation and development.
The TPP, on the contrast, includes a provision on personal data protection which was absent in the Korea-US FTA and maintains the provision on free-flow of information which was absent in the FTAs China has made. It has thus recovered the balance between personal data protection and information free flow. The TPP also introduces new provisions on the principle of internet interconnection charge sharing, location of computing facilities, unsolicited commercial electronic messages, and source code protection.

영어초록

With the global economic depression, the growth rate of world trade remain behind the average economic growth. Policy makers who are worrying about this situation find new opportunities in digital trade. Against these economic and policy considerations, the Trans-Pacific Partnership ( TPP) incorporates provisions concerning electronic commerce which are new to the previous Free Trade Agreements (FTAs). This paper compares Electronic Commerce Chapter of the TPP with those of the Korea-US FTA and Korea-China FTA among others.
The Korea-US FTA provided a template for the following FTAs. The E-Commerce Chapter of the Korea-China FTA evaded imposing strict obligations on the Contracting Parties and offered a programmatic best effort message. It reveals weaknesses in substantive as well as procedural aspects. We may find its value in that it lays down foundations for future cooperation and development.
The TPP, on the contrast, includes a provision on personal data protection which was absent in the Korea-US FTA and maintains the provision on free-flow of information which was absent in the FTAs China has made. It has thus recovered the balance between personal data protection and information free flow. The TPP also introduces new provisions on the principle of internet interconnection charge sharing, location of computing facilities, unsolicited commercial electronic messages, and source code protection.

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