한미 FTA 전자상거래 장(Chapter)의 주요내용 고찰

This Paper is to introduce controversial issues in the Electronic Commerce Chapter of the Korea-US FTA: definition of Digital Product, relationship between Electronic Commerce Chapter and Electronic Supply of Services, non-discrimination principles.In the WTO, the classification issue of digital product has long been unsolved issue. As the DDA Negotiation of the WTO is stalled, a lot of countries changed their trade policy towards FTA negotiations rather than sticking to the DDA negotiation. By the fast development of internet technology, the volume of electronic commerce has been rapidly increased recent years. Reflecting these trends, recent FTAs tend to include electronic commerce chapters. The KORUS FTA is consisted of 24 Chapters, one of which is electronic commerce chapter. By the chapter, both parties decided not to charge any customs duties on digital products whether they are electronically delivered or not. Even though the KORUS FTA did not mention the classification issue, it seems to generally reflect US view on digital product treating as goods. The KORUS FTA elaborates non-discrimination principle and digital products are very broadly protected by National Treatment principle and Most Favoured Nation principle. The most controversial issue in the electronic commerce chapter of the KORUS FTA would be the relationship between E-Commerce chapter and electronic supply of services, especially the nature of non-conforming measures for services and investment. Whether those reservation will be applied to E-commerce area or not could be quite controversial depends on the conception of the both parties on the notion of digital product. After singing the KORUS FTA, the way to make best use of the KORUS FTA must be the mass production of good digital contents to export worldwide in this borderless world of electronic commerce.