디지털경제동반자협정(DEPA)의 통상법적 분석 및 효과적인 이행 방안

From international trade law perspective, we analyze the Digital Economy Partnership Agreement (DEPA) whose Members concluded the accession negotiations with Korea in June 2023, with a view to exploring policies for its effective implementation. First, we discuss key provisions of DEPA. Next, we analyze several important issues which are expected to play critical roles in the implementation of DEPA. Thus, taking into account other digital trade agreements and relevant WTO agreements, we suggest a number of policies to clarify or improve those critical issues with an aim of implementing DEPA effectively. The issues include the agreement’s scope, the definitions of key terms such as digital economy and digital trade, the criteria for determining whether two digital products are like or not, and the contents of the legitimate public policy objective. Finally, we conclude with some future issues, including rules for source code, technical regulation and electronic payment, and the selection of trading partners for future digital trade agreement negotiations.