EU의 법률서비스시장 통합과 한-EU FTA 법률서비스 협상과의 관계 분석

The main theme of this research is the liberalisation of legal service markets which is one of the main issues in the WTO/DDA and FTA negotiations. Regarding the liberalisation of legal service market in Korea, however, most of research has been focused on the liberalisation through the KORUS FTA. This is mainly because of the assertion that the EU cannot request the full liberalisation of the Korean service markets due to its incomplete integration of service market and the problem of complex competence between the EU and its member states. Having analysed the status quo of integration of services and legal service markets in the EU, this paper demonstrates that the EU is able to claim further liberalisation of legal service markets in the WTO/DDA and Korea-EU FTA negotiations than that in the KORUS FTA. However, Korea cannot but finalise its FTA negotiations on this area in a similar level to the KORUS FTA only with admitting the EU's special characteristics such as allowing to use different home titles of each member state. This is because further liberalisation in the Korea-EU FTA might result in two possible scenarios: first, Korea might need to permit the US further liberalisation due to MFN provision stipulated in the service sector of the KORUS FTA; or second, the US might request re-negotiation on this issue. From the EU's perspective, the effect of prior occupation in the Korean and Asian legal service markets through the early conclusion and entry into force of the Korea-EU FTA would be beneficial to the EU under the situation that the ratification of the KORUS FTA has been delayed. The legal service market in Korea will be eventually open to the leading countries of the international legal services, which results in, to some extent, the inevitable encroachment on the Korean market. Therefore, a drastic measure is required.