• Korea Trade Review
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• v.47 no.5
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• pp.273-288
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• 2022

This study first classifies and organizes provisions on institutional arrangements (or IAs) and dispute settlement mechanism(or DSM) in a digital trade agreement. Then it conducts a case study on seven major digital trade agreements: the CPTPP, the USJDTA, the USMCA, the ASDEA, the RCEP, the KSDPA, and the DEPA. And it finally derives implications for Korea to improve implementation of DTAs by communicating better and resolving disputes efficiently with the help of IAs and DSM-related provisions. IAs of a digital trade agreement can be defined as a set of agreements on the division of the respective responsibilities of agencies involved in implementing and enforcing the agreement, including committees, working groups, or contact points. DSM of a digital trade agreement includes consultation, mediation, arbitration, and establishment of a panel. Comparing six FTAs with an e-commerce chapter, the CPTPP, the USMCA, and the RCEP contain the most advanced type of IA provisions while the CPTPP, the USMCA, the RCEP, and the KSDPA have that of DSM provisions. Korea is its initial stage as it has only signed the KSDPA with Singapore as well as it is about to launch a new digital trade negotiation for the DEPA, the CPTPP, and even the IPEF, it is necessary to engage in negotiations with a clearer position on behalf of Korean digital companies. As provisions on IAs and DSM are important policy tools that can reflect industry concerns and convey proposals in inter-governmental dialogue, a Korean draft of the IAs and DSM-related provision should be prepared in advance.

• Electronics and Telecommunications Trends
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• v.37 no.5
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• pp.1-10
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• 2022

Digital trade rules are crucial in supporting the digital economy as the rules effectively reduce unnecessary trade barriers. This study introduces various approaches that major countries take regarding digital trade policies and rules. Comprehensive and Progressive Agreement for Trans-Pacific Partnership has introduced comprehensive rules on e-commerce, including binding articles on the free flow of information, location of computing facilities, and source code. More recent e-commerce provisions or digital trade agreements cover wider range of issues, from cyber security, artificial intelligence, and data innovation to electronic invoicing and payments. Multilateral negotiations on digital trade rules, including the World Trade Organization E-commerce Joint Statement Initiatives and Indo-Pacific Economic Framework, are in progress. Thus, countries involved are expected to respond to new digital trade issues with long-term strategies considering domestic policy objectives.

• Korea Trade Review
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• v.46 no.4
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• pp.39-60
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• 2021

Despite the fast growth and rising importance of digital trade, there still exists no multilateral agreement governing digital trade. Significant differences in policy directions regarding key digital trade issues among the U.S., EU and China are the main stumbling blocks for reaching agreement on the multilateral front. To overcome this deficiency in digital trade rules, there has been active movement among mainly countries in the Asia-Pacific region for rule-making on digital trade. Starting with the CPTPP chapter on E-Commerce in 2018, there has been a series of digital trade rules agreed in bilateral or plurilateral formats, such as the USMCA, USJDTA, DEPA, DEA and RCEP. Korea is currently only member of RCEP, which contains an e-commerce chapter with lower levels of commitment as compared to other digital trade agreements. This paper provides a broad analysis of the recently concluded digital trade agreements, comparing the different coverage of rules, levels of commitment, and rules templates. The analysis aims to provide implications for the desirable direction of rule-making on digital trade and Korea's digital trade strategy.

• Electronics and Telecommunications Trends
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• v.38 no.4
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• pp.1-11
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• 2023

Trade rules in service and digital sectors mainly focus on reducing regulatory uncertainties by improving transparency and minimizing unnecessary requirements. Recognizing the importance of digital trade rules and trade in information and communication technology (ICT) sectors, governments worldwide have rapidly adopted and expanded rules on free flow of data, personal data protection, electronic authentication, and cybersecurity. On the other hand, advances in technology have led governments to face multiple threats related to cybersecurity, intellectual property (including that related to source code and algorithms), and unauthorized access to proprietary information of their suppliers. This study presents digital trade rules related to digital security emphasizing cybersecurity, source code, and ICT products that use cryptography in different trade agreements. Additionally, it introduces various approaches that major countries are taking to both address digital security issues and seek balance between security enhancement and trade liberalization.

• Korea Trade Review
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• v.46 no.6
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• pp.239-255
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• 2021

To review the theoretical background of regulatory approaches to cross-border transfer of personal data, this paper divides major digital trade participating countries into four types according to the OECD - non-regulatory, post-intervention, pre-supervision, and national control. It then analyzes the US, Japan, the EU, and China respectively that belong to each type. South Korea, which is currently about to pass the amendment by the National Assembly, has identified that it is in the middle of post-intervention and pre-supervision, and needs to evolve into pre-supervision norms like the EU while it has to participate more actively in the process of establishing international digital trade rules. Korea first needs to sign digital trade agreements and promote mutual certification projects more actively from the standpoint of a medium-sized open country with growing digital companies and digitally-open consumers. Second, the government should fully consider the interests of not only companies but also various trade stakeholders including domestic consumers, when drafting and implementing trade policies. To this end, 'a single window approach' is needed not only at the Ministry of Trade, Industry, and Energy, but also at the level of the entire government which require an integrated form of digital trade policy governance.

• Korea Trade Review
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• v.46 no.3
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• pp.99-117
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• 2021

Korea's FTA e-commerce regulations are evolving into a standardized norm. However, "location of computing facilities", which was not covered by Korea's existing FTA, was newly established in Korea's first Mega FTA, RCEP. China, a member of RCEP, restricts data movement and requires data localization through its Cybersecurity law. These facts have led to start this study with interest in data-related regulations. It examined country-specific and regulatory characteristics in the process of forming digital trade norms, using the TAPED established by Burri et al. (2020). It also analyzed the current status of introducing norms related to 'data flow', 'data localization' and 'data protection' of the EU, USA and China, which are leading the formation of e-commerce trade norms. Finally, the legal review was conducted to compare the exact meaning of the wording expressed in each agreement for the six recently enacted Mega FTAs and Digital Economic Agreements. These findings are meaningful in that they provided implications for the effectiveness of RCEP and the direction of negotiations on Korea's digital trade norms.

• Journal of Convergence for Information Technology
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• v.11 no.10
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• pp.93-100
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• 2021

With the spread of digital trade, the share of digital trade under the global trade environment is increasing. However, since there is no international digital trade standard, the discussion to establish a new trade rule has important significance. Countries around the world are implementing digital trade policies in consideration of their own interests, but different regulatory policies are causing trade conflicts. In order to provide safeguards against personal information infringement due to the free movement of data across borders, major countries around the world have taken measures to localize data, and the EU has enacted GDPR. And the United States regards the imposition of the digital tax as a trade barrier, and some countries oppose the implementation of the digital tax for fear of negative impact on their countries. However, discussions on the global digital tax, centered on the OECD and the G20 are making progress. As it is highly likely that a digital tax agreement will be drawn up within this year, countermeasures must also be prepared. Therefore, this study presents implications for the future direction of Korea's trade policy by examining recent trends in digital trade norms and analyzing major issues in digital trade.

• International Commerce and Information Review
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• v.15 no.1
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• pp.309-330
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• 2013

Trans-Pacific Partnership started as a small scale 4 countries regional trade agreement. It became a grand free trade agreement when the United States announced its participation and Japn considers to join. Korea still hasn't decided the stance however, considering the economic and political relationship with the United States and the impact of TPP, it looks like that Korea is going to join TPP. US led the TPP agreement is expected to be made based on the previous FTA agreements of the US. In the promising E-Commerce part, it is likely that the e-commerce leading US would suggest favorable agreement. If Korea joins the TPP, it's necessary to suggest what Korea wants and needs based on the previous KORUS FTA to promote Korean e-commerce for the future.

• The Journal of Society for e-Business Studies
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• v.9 no.3
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• pp.227-241
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• 2004

With the expansion of internet usage and the advanced technology for information and communication, the international e-Trade environment gradually migrates from the VAN/EDI to the global Internet-based e-Traed on an ebXML framework. In an effort to provide a Internet-based e-Trade environment with a security and trust, this paper analyzes security components and proposed the SSL and ebXML security technologies in order to assure of the trust and security over Internet-based e-Trade. In addition, this paper presents 3-phase methodology to realize the secure and trustworthy Internet-based e-Trade. In summary, as the first phase, the e-Trade business processes are re-engineered and the digital signature council for mutual recognition is orgainzed. And as the second phase, the Internet-based e-Trade system and the concerned digital signature technology are implemented. Finally as third phase, the PKI mutual recognition agreement is signed by parties concerned and then the Internet-based e-trade business is started. Furthermore, this paper presents the promising Internet-based e-Trade models where the digital signature can be applied.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2022.05a
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• pp.627-628
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• 2022

There is no internationally accepted codified definition of digital trade because of the wide variety and scope of related industries and transactions(product + service + data) in general. Recently, innovative changes are taking place in digital trade due to the development of technologies such as IT due to the 4th industrial revolution, and advanced countries such as the US, EU, and Japan are including digital trade issues such as data movement liberalization in the negotiation agenda of the digital trade agreement. The issue with the liberalization of cross-border data movement is that freedom of data movement is necessary to vitalize digital trade, but it also increases the risk of information security and privacy violations. Looking at the directions of advanced countries, the US favors minimization of regulations, Europe favors regional single marketization, but passively opens up to the outside world, and China promotes independent markets through regulations. Therefore, measures to strengthen restrictions on cross-border data movement are an issue that has recently been implemented by each country or an international aggrement is scheduled to be reached soon, and Korea also needs a close response.