방송통신융합서비스분야의 분쟁리스크에 관한 통상법적 고찰

Abstract

Motivation of this research is the question around us that trade rule making in the global and national context does not adequately keep up with the rapid progress of communications convergence in the marketplace. While the legal vacuum itself is escalating quite a risk of trade conflicts between Korea and its major trading partners including US, really problem is the unpredictability of potential trade disputes in the convergence arena stemming from the legal uncertainty. Bearing in mind this dark shadow over us, we scrutinize extant trade rules on communications under the auspices of multilateral and regional trading systems, particularly including relevant legal cases in the WTO dispute settlement process to date. Focusing on some thorny trade issues posed in Korea’s communications sector, domestic laws and regulations are evaluated vis-a-vis its binding trade obligations. Figuring out Korea’s legal or regulatory flaws from this preliminary examination, we analyze potential trade dispute risks it might face in the near future, and provide for trade-friendly and strategically advantageous communications policy suggestions.