미국 FTA 통신서비스 장의 조문구조 및 적용범위에 대한 고찰

초록

This paper seeks to analyze the burden of commitments and outstanding issues for Korea to take into consideration in telecommunications sector during the Korea-US FTA negotiations, based upon the assumption that US continues to require Korea's commitments of the telecommunications chapter in its standardized FTA. In case the assumption turns out true, it can be argued that Korea-US FTA does not add to burden of commitments for Korea, since it has already undertaken most of those provisions in US' standardized FTA via the extant trade agreements. However, this paper informs us of the caveat that accepting the telecommunications chapter in US' standardized FTA, particularly without amending the definitions of domestic or foreign interested entities regarding regulatory principles, might accompany a significant rise in the burden of commitments, including the erosion of domestic regulatory sovereignty or market base. The reason is that US' standardized FTA vis-a-vis existing trade agreements intends to enlarge the industrial and geographical scope of regulatory obligations to ensure the access to and use of telecommunications services.

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