디지털무역과 경쟁규범의 쟁점과 함의 = Implications of Competition Issues in Digital Trade

다국어 초록 (Multilingual Abstract)

This study examined the competition-related issues raised in digital trade from both formal and substantive perspectives. From a formal perspective, the study first reviewed how digital trade laws are defined in traditional trade agreements such as the Korea-US FTA and Korea-EU FTA. Then, it analyzed the characteristics of competition laws in the digital sector found in the recently concluded RCEP. In the second formal aspect, the study examined the formal characteristics of competition laws in digital agreements specifically designed to regulate digital trade and the competition laws included in digital agreements such as KSDPA and DEPA, which Korea has signed. Through this, the study found that the competition laws in international agreements tend to emphasize cooperation between countries, rather than directly defining the rights and obligations of states.
From a substantive perspective, the study first analyzed the issues surrounding competition laws embedded in various digital agreements. It confirmed that the competition laws included in trade or digital agreements at this stage would likely raise various legal issues in their enforcement. To resolve these, the study considered solutions such as enhancing and refining existing agreements, establishing new international competition laws, and addressing issues related to the extraterritorial application of domestic laws. However, the most realistic alternative for resolving these issues is to find common ground in the current practices of states, reflect this in the individual agreements they sign, and create a network of internationally recognized competition laws through this process.
Finally, the current discussions surrounding competition laws in digital trade largely focus on regulating online(or digital) platforms. This indicates that the subject of discussions around digital trade laws is shifting from market liberalization and the removal of trade barriers to more evolved digital trade laws that include online platform issues, reflecting a change in their ‘purpose’ and ‘scope’. Therefore, to understand more advanced platform regulations, it is essential to understand the multifaceted relationship between online platforms in digital trade and competition policy as an international trade law.