한-미 디지털무역협정에 포함될 주요 요소에 대한 통상법적 분석

The paper analyzes a variety of issues for the potential Korea-US Digital Trade Agreement (KUSDTA) from the international trade law perspective with an aim of exploring useful guidelines for the effective and workable implementation of KUSDTA. First, we examine the key provisions of the Korea-Singapore Digital Partnership Agreement, including the rules on cross-border transfer of information by electronic means, location of computing facilities, and cooperation for FinTech and competition policies. Next, we discuss the Digital Trade Chapter of USMCA, and the US-Japan Digital Trade Agreement. In particular, we analyze primarily the rules on cross-border transfer of information by electronic means, location of computing facilities, exceptions and source code. Based on the above analyses, we analyze a number of issues for the KUSDTA negotiations in comparison with other Digital Trade Agreements, the relevant WTO agreements and WTO disputes. We also make suggestions on a wide range of legal issues such as scope of the Agreement, the definitions of digital product, digital service and digital trade, like digital product, general exceptions, security exception, and legitimate public policy objectives. Finally, we conclude with future issues such as equivalence, and the developments concerning digital trade at the various international organizations.