자율주행차와 통상규범:자율주행시스템의통상법적 규율 문제

A Study on Trade Rules regarding Autonomous Vehicle : Regulations on Automated Driving System How an autonomous vehicle can be classified? Is it a car with computers or a computer with wheels which provides transportation services? When autonomous vehicles are commercialized, the importance of hardware such as car body will decrease while the role and importance of software such as automated driving system will increase. As the paradigm of automobile shifts dramatically due to the emergence of the autonomous vehicle, it is expected that trade rules regarding domestic regulations such as stability of automated driving system, data collection·utilization·management, personal data protection, and system security will newly gain in importance. However, traditional trade rules on the automobile which mainly based on the GATT norms will not be able to properly cover the important domestic regulations on the autonomous vehicle. Considering this paradigm shift, this paper reviews regulation issues on automated driving system from trade rules perspective. First, this paper analyzes the characteristics of the automated driving system in terms of GATT norms and GATS norms by reviewing the technological progress and legal characteristics. Second, this paper analyzes the domestic regulatory trends and the directivity of trade rules on the automated driving system by examining the WTO documents on goods with digital technologies and domestic legislative trends of leading countries such as the US and Europe. Third, this paper reviews expected legal issues in order to come up with trade rules which may properly regulate the automated driving system. Based on the analysis, this paper concludes that both GATT norms and GATS norms shall be applied to the automated driving system. In addition, this paper suggests the ways to regulate the automated driving system under the WTO regime. One way is to apply both GATT norms and GATS norms separately and upgrade them accordingly while the other way is to establish a new annex which stipulates related trade norms.