인공지능 시대 개인정보의 국외이동과 국제법적 과제 - 법의 역외적용을 중심으로 -

The cross-border provision of internet and artificial intelligence services, as well as the movement of goods, has become commonplace, inevitably accompanied by the transnational flow of data, including personal information. This study examines the standards for the extraterritorial application of personal data protection laws in South Korea, the EU, and China, and identifies a common reliance on the “effects test” through an analysis of jurisdictional principles under international law. The paper highlights two key international legal challenges: the appropriateness of the legal basis for expanding jurisdiction and the effectiveness of exercising such jurisdiction. Regarding the former, it addresses the ambiguity and practical limitations of relying on the effects-based standard. For the latter, it proposes measures to enhance effectiveness, including international cooperation, jurisdictional exercise in accordance with comity, and legal institutionalization. In an era where data flows freely across borders on a global scale, personal information constitutes a critical asset for delivering high-quality goods and services. While extraterritorial enforcement of data protection laws may hinder such free movement, reasonable enforcement can strike a balance between data mobility and privacy protection. Given that domestic regulations on personal data increasingly influence inter-state relations beyond national boundaries, international legal improvements must be pursued to ensure the safe and unrestricted flow of personal data.