디지털무역 자유화를 위한 지역무역협정의 성과와 과제

정순태 한국무역연구원 2019 무역연구 Vol.15 No.5

Purpose - The purpose of this research is to examine how regional trade agreements are being utilized as alternative means to achieve digital trade liberalization, and whether digital trade-related provisions of regional trade agreements can be generalized as global rules for digital trade liberalization. Design/methodology/approach - To analyze the relationship between digital trade liberalization and regional trade agreements, this paper uses literature research and investigates the statistics and agreement documents in the WTO RTA database. In addition, it proposes alternatives to address the limitations of digital trade liberalization through regional trade agreements. Findings - The results of this study can be summarized as follows: First, the number of regional trade agreements that include digital trade-related provisions is steadily increasing. Regional trade agreements are used as an alternative means to achieve the liberalization of digital trade, and provide international standards for establishing digital trade rules. Second, Regional trade agreements have problems such as discrimination against non-member countries, spaghetti-bowl phenomenon, and these problems can be an obstacle to the development of digital trade. Thus, measures should be taken to address these limitations of regional trade agreements so that global digital trade liberalization can be achieved. Research implications or Originality – Regarding the liberalization of digital trade, Korea should also actively participate in international discussions related to digital trade, and improve the domestic systems that meets international standards.

Changes in Stock Market Co-movements between Contracting Parties after the Trade Agreement and Their Implications

안소영,배연호 한국무역학회 2023 Journal of Korea trade Vol.27 No.1

Purpose – The study of co-movements between stock markets is a crucial area of finance and has recently received much interest in a variety of studies, especially in international finance. Stock market co-movements are a major phenomenon in financial markets, but they are not necessarily independent of the real market. Several studies support the idea that bilateral trade linkages significantly impact stock market correlations. Motivated by this perspective, this study investigates whether real market integration due to trade agreements brings about financial market integration in terms of stock market co-movement. Design/methodology – Over the 10 free trade agreements (FTAs) signed by the United States, using a dynamic conditional correlations (DCC) multivariate GARCH (MGRACH) model, we empirically measure the degree of integration by finding DCCs between the US market and the partner country’s market. We then track how these correlations evolve over time and compare the results before and after trade agreements. Findings – According to the empirical results, there are positive return spillover effects from the US market to eight counterpart equity markets, except Jordan, Morocco, and Singapore. Especially Mexico, Canada, and Chile have large return spillover effects at the 1% significance level. All partner countries of FTAs generally have positive correlations with the US over the entire period, but the size and variance are somewhat different by country. Meanwhile, not all countries that signed trade agreements with the United States showed the same pattern of stock market co-movement after the agreement. Korea, Mexico, Chile, Colombia, Peru, and Singapore show increasing DCC patterns after trade agreements with the US. However, Canada, Australia, Bahrain, Jordan, and Morocco do not show different patterns before and after trade agreements in DCCs. These countries generally have the characteristic of relatively lower or higher co-movements in stock markets with the US before the signing of the FTAs. Originality/value – To our knowledge, few studies have directly examined the linkages between trade agreements and stock markets. Our approach is novel as it considers the problem of conditional heteroscedasticity and visualizes the change of correlations with time variations. Moreover, analyzing several trade agreements based on the United States enables the results of cross-country pairs to be compared. Hence, this study provides information on the degree of stock market integration with countries with which the United States has trade agreements, while simultaneously allowing us to track whether there have been changes in stock market integration patterns before and after trade agreements.

지역무역협정의 패러다임 변화: 전통적 지역무역협정과 21세기형 지역무역협정 비교분석

정순태 한국무역연구원 2023 무역연구 Vol.19 No.1

Purpose – This study aims to analyze the paradigm shift of regional trade agreements in the 21st century. In addition, it analyzes the limitations of WTO RTA statistics and the problems of classification criteria, and suggests alternatives. Design/Methodology/Approach – This paper uses a literature review to examine new issues related to the paradigm shift of regional trade agreements. To support the analysis, statistical techniques are used to count the number of regional trade agreements by type, provision, and coverage, using the WTO RTA database. Findings – The results of this study show that the nature and content of regional trade agreements are changing. Traditional regional trade agreements and 21st century regional trade agreements show that there is a significant difference based on the time of integration, trade pattern, trade barriers, and type of integration. It also finds that there are problems with the WTO's RTA statistics and classification of types. Research Implications – This paper analyzes the paradigm shift of new regional trade agreements by comparing them with traditional regional trade agreements. At the same time, in order to support the systematic analysis of regional trade agreements, the limitations of WTO statistics and problems of classification criteria were analyzed, and alternatives were suggested.

WTO 「무역원활화협정」의 내용과 향후 이행과제

류병운 ( Byung Woon Lyou ) 홍익대학교 법학연구소 2014 홍익법학 Vol.15 No.3

Trade facilitation’ means, through “the simplification and harmonization ofinternational trade procedures” and with increase of transparency of the procedures,securing smooth and efficient flow or to reduce trade procedure barriers (TPBs) ininternational trade. The Agreement on Trade Facilitation was adopted at the 9th WTO MinisterialConference as part of “Bali Package” in December, 2013. The new agreement, which wasincorporated to the WTO, a powerful enforcement organization with dispute settlementsystem, is expected to boost the world economy more than one billion dollars by tradeexpansion as well as reducing trade procedure costs. The Agreement promotes the transparency in trade procedure by establishing specificduties of Member States about the declaration and availability of important information,information notice, chance of comment and consulting service, advance ruling, and theprocedures of appealing and review. Also, the Agreement contributes to increaserationality and efficiency in customs clearance and release procedure, with providing theprinciple limits the size of fees and charges to the approximate cost of the servicesrendered, and by clarifying obligations of Member States on allowance of pre-arrivalprocessing, instalment of electronic payment, separation of release from final determination of customs duties, risk management, post-clearance audit, introduction ofauthorized operators, special handling for expedited shipments, etc. The Agreement demands minimizing and simplifying documents and processes of theimport/export customs in standardized forms, and tolerates to submit copies whengovernment authorities already have the original documents. This Agreement introducessingle window system, which allows one time submission of related customs documentsto a single counter, and bans pre shipment inspection to evaluate customs tariff and rate. The Agreement prohibited mandatory use of customs broker too. The Agreement specifies the freedom of transit in GATT Article V by encouragingMember States to abolish voluntary restrictions on transit, prohibiting Member Statesnew charges that are additional to those administrative limited to the cost of providingthe transit service, requiring Member States to allow advance filing and processing oftransit documents, and ensuring formalities and documentation requirements on trafficin transit to identify the goods and to ensure fulfillment of transit requirements. Also,this Agreement provides the cooperation system of customs office, which allows MemberStates to respect the confidentiality of information as well as to share the information todevelop systematic cooperation and voluntary compliance systems. Such voluntarycompliance systems would allow importers to self-correct without penalty, whileintroduce stronger measures for non-compliant traders. To secure authentically the expected economic effect through Trade facilitation, theexertion from both of WTO and each member state are necessary. The WTO should seekfor concrete ways to develop simplification, harmonization and increase transparency intrade procedures including the suggestion of practical model documents for theAgreement or standard forms for electronic documents. Also, the WTO shouldcontinuously remove the obstacles against trade flow in the areas other than theAgreement on Trade Facilitation. For example the WTO needs to complete the negationon harmonized rules of origin. Republic of Korea is one of the countries in Category A, which is designated forimplementation upon entry into force of the Agreement, is expected to play a leadingrole in substantial application of the Agreement. To apply and implement the Agreementdomestically, Korea needs to revise or establish related rules and systems for institutionof national committee of Trade Facilitation, escalation system for inquiry, the procedures of appealing and review, and integrated framework for border administrative agencies. The existing FTAs, of which Korea is one of the parties, needs to be improved in a wayof the Agreement on Trade Facilitation plus. Using outstanding information technology, Korea is expected to play a leading role indevelopment, standardization, and international distribution of the systems forimplementation of the Agreement. Especially Korea should accelerate the negotiationsand developments to share harmonized infrastructure systems and programs with maintrade partners like China, U.S.A., the EU, and Japan. It is necessary to distribute activelythe infrastructure systems and programs, which were developed or initiated by Korea,to the developing countries by the way of technical support and capacity building. AlsoKorea may support the developing countries to build infrastructures for electroniccustoms clearance systems and programs, and to support Internet base information andcommunication system as ODA to the countries.

미일 무역협정 체결과 효과에 대한 일고찰

김용민 한일경상학회 2022 韓日經商論集 Vol.95 No.-

Purpose: The purpose of this study is a discussion of Trade Agreement in products and the Digital Trade Agreementbetween US and Japan. This study contains an investigation of the process and the highlight of the agreement. Bythe trade agreement, US has obtained the Third biggest agricultural market which came after the decline in thenation’s trade deficit with Japan and the opening of agricultural market. In contrast to US, the aim of Japan’s tradeagreement was avoiding tax-increasing on cars and its components. In this study, the issues and arguments causedby these different aims of the agreement will be analyzed. Research design, data, and methodology: The contents of the study are 1) an investigation on the details ofUS-Japan Trade Agreement, 2) an analysis of the highlight of Trade Agreement in products and the Digital TradeAgreement, 3) a comparison of importation of tax-decreased products by the trade agreement, 4) an investigation onthe safeguard of Japan which was instituded during the trade situation, 5) the conclusion of this study. The contentsof the study has its value in analyzing the issues and the arguments of these trade agreements. Results: The comparison of Japan’s importation with US between 2019 and 2021 is as follows. The percentages offoods and chemical products did not show meaningful change. The figure in ordinary machines and Electric deviceshas decreased. Meats and grains account for the 62.5% of total food which were 452.4 billion yens and 516 billionyens respectively. US’s importaion with Japan after the agreements accounts for about 5%(6.6 billion dollars) of totalimportaion with Japan. The importation percentages were ranked as follows: Ordinary machines, components ofnon-metal products, electric devices, optical instruments, metal products. The rates of these products have notchanged in a meaningful figures. Only a few products have changed. The figures of ordinary machines, electricdevices, rubbers have decreased. Implications: The trade between US and Japan was enlarged after the trade agreements between two countries. USoppressed Japan in order to compensate a loss which was caused by withdrawal from the TPP. Japan approached tothe agreement with US to avoid tax-increasing in cars and its components. This study is challenging since the studywas conducted not long after the agreements. However, the results in this study are valuable as one of the firstresearchs about the effect of US-Japan trade agreements.

勞組代表者의 단체협약체결권에 관한 判決의 부당성대상판결: 문화방송사건, 대법원 2005. 3. 11. 선고2003다27429 판결

박승두 경희대학교 법학연구소 2014 경희법학 Vol.49 No.1

The Constitution guarantees the labor’s three primary rights and Trade Union and Labor Relations Adjustment Act specifies the exercise of labor’s three primary rights. Here, one important issue arises regarding the right of Collective Bargaining; the clause 1, article 33 of the Constitution says “employees has the independent right to organize, bargain collectively and of collective action” while the clause 1, article 29 of the Trade Union and Labor Relations Adjustment Act says “the trade union’s representative has the authority for making collective agreements and negotiate with user group on behalf of labor union or its members.” Here, a question arises whether the authority for making collective agreements is the exclusive right of trade union’s representative or union members can establish sub-provision to limit the right of trade union’s representative. The general view for this in Korea is that they can limit the right of trade union’s representative as the right of collective bargaining is the right of union members, and trade union’s representative is delegated to exercise the right. Still, some argue that union members can not limit the right of trade union’s representative as he/she is authorized to exercise under the Trade Union and Labor Relations Adjustment Act. The judicial precedent of this thesis shows the practice that trade union’s representative conducts talks with users by the result of the collective bargaining and goes through approval in the general council is violating the clause 1, article 29 of the Trade Union and Labor Relations Adjustment Act because it makes the authority for making collective agreement nominal limiting the right of trade union’s representative to make collective agreements. However, I think this the Supreme Courts’ Judgement contradicts the general understanding of the law. First, the authority of trade union’s representative comes from labor’s three primary rights defined by Constitutional Law, and the trade union members can exercise the right through the medium of trade union’s representative, which means the right of collective bargaining belongs to union members not it’s trade union’s representative. Second, the Trade Union and Labor Relations Adjustment Act stipulates that the trade union’s representative can sign an agreement for the trade union or its members. This means that the right of collective bargaining and authority for making collective agreements is not the exclusive right of trade union’s representative as the act specifies that the authority is given for ‘the trade union or its members’. Accordingly, the authority of trade union’s representative can not be exercised without consent of union members. If we see that the act guarantees the exclusive right of trade union’s representative, it violates Constitution which satisfies the condition for its nullification. Third, the main reason for this issue to arise was untrustworthy attitude of trade union’s representative when bargaining. This issue arose as the user does not bargain faithfully because he/she prefers threats or conciliate the untrustworthy attitude to normal bargaining. Accordingly, it is imperative that the right of employee guaranteed by the Constitution should be acknowledged and respected. 헌법은 단체교섭권을 보장하고 있고, 이 정신을 이어받아 노동조합 및 노동관계 조정법은 단체교섭권의 행사에 관하여 구체적으로 규정하고 있다. 이와 관련하여 노조 대표자가 가지는 단체협약체결권이 자신의 배타적인 권리인가 아니면 조합원이 부여한 권리이므로 조합원이 노동조합 규약이나 단체협약으로 제한하는 규정을 둘 수 있느냐 하는 것이 문제된다. 학설은 제한할 수 있다는 절대 다수설과 제한할 수 없다는 소수설로 나뉘어 있다. 대상판결도 노조 대표자가 단체교섭의 결과에 따라 사용자와 단체협약의 내용을 합의한 후 다시 협약안의 가부에 관하여 조합원총회의 의결을 거쳐야 한다는 것은 대표자의 단체협약체결권한을 전면적ㆍ포괄적으로 제한함으로써 사실상 단체협약체결권한을 형해화하는 것이어서 노조법 제29조 제1항에 반한다고 판시하였다. 그러나 이 판결은 타당하지 않다고 생각한다. 첫째, 단체교섭권의 본질에 반한다. 노조 대표자의 권한은 헌법에서 규정한 근로자의 단체교섭권에서 연유하는 것으로, 이는 일반 조합원의 권리이지 노조 대표자의 권리가 아니다. 둘째, 단체협약체결권의 법적 성격에 대한 오해로, 단체교섭과 단체협약체결권은 노조 대표자의 배타적 권한이 아니라 ‘그 노조 또는 조합원을 위하여’ 가지는 권한이다. 따라서 노조 대표자의 권한은 조합원의 명시적 의사에 반하여 행사할 수 없다. 셋째, 자가당착에 빠진 형해화론이다. 즉, 대상판결은 조합원총회의 의결을 거치게 하는 것은 대표자의 단체협약체결권한을 전면적ㆍ포괄적으로 제한함으로써 사실상 단체협약체결권한을 형해화한다 보았다. 본래 단체교섭권과 단체협약체결권은 근로자의 권리이고, 대표자에게 이를 제한하더라도 이 권리가 제한받는 것은 아니다. 역으로 노조 대표자가 조합원의 의사를 무효로 하는 것은 근로자의 단체협약체결권한 나아가 단체교섭권 전체를 형해화하는 자가당착에 빠진다. 이 문제는 노조 대표자만 회유하면 된다는 사용자의 그릇된 자세에서 기인한 노동조합 대표자의 불성실한 교섭태도에서 비롯되었다. 바람직한 노사관계와 단체교섭 관행의 정착을 위해서는 헌법에서 규정한 근로자의 권리를 제대로 인정하여야 한다.

The trade effects of tariffs and non-tariff changes of preferential trade agreements

Cheong, Juyoung,Kwak, Do Won,Tang, Kam Ki Elsevier 2018 economic modelling Vol.70 No.-

<P><B>Abstract</B></P> <P>The recent literature on preferential trade agreements (PTAs) emphasizes the distinction between the extensive and intensive margins. What has been missing is the distinction between tariff and non-tariff changes under PTAs. Tariff reduction is a quintessential feature of PTAs. But member countries of a PTA often pursue deeper integration through agreements on non-tariff matters as well. Some member countries, however, may want to use non-tariff barriers to compensate for tariff cuts. The current study isolates the effects of tariff and non-tariff changes under PTAs. It involves the construction of a new dataset of bilateral tariff rates for 90 importing and 149 exporting countries over 1996-2010, covering the Harmonized System 2-digit level of product varieties. Given the complexity of non-tariff arrangements, we allow for heterogeneity across three different types of PTAs, namely custom unions (CUs), free trade agreements (FTAs), and partial scope agreements (PSAs). We further consider heterogeneity within each of these three PTAs regarding responding time, partner type, and product type. The key findings are: (i) non-tariff changes under PTAs on average increase both the intensive and extensive margins of trade; (ii) PSAs do not have discernible trade impacts unlike FTAs and CUs; (iii) CUs have a stronger trade impact than FTAs; (iv) the impact of CUs comes mostly from non-tariff changes, while that of FTAs comes from both tariff and non-tariff changes; (v) non-tariff changes associated with CUs have a stronger trade effect than those associated with FTAs, which in turn are stronger than those associated with PSAs; (vi) non-tariff changes take a longer time than tariff changes to impact on the intensive margin; (vii) non-tariff changes under FTAs and CUs between industrial and developing countries increase the exports from the former to the latter more than the other way around; and (viii) there is substantial heterogeneity across sectors in their response to trade liberalization.</P> <P><B>Highlights</B></P> <P> <UL> <LI> We distinguish between tariff and non-tariff effects of preferential trade agreements. </LI> <LI> The positive impact of CUs on both trade margins comes mostly from non-tariff changes. </LI> <LI> Positive FTA effects on two margins come from both tariff and non-tariff changes. </LI> <LI> CUs’ non-tariff changes have a stronger trade effect than FTAs’. </LI> <LI> Tariff changes impact on the intensive margin faster than non-tariff changes. </LI> </UL> </P>

디지털 무역협정의 예외 조항 및 사례 연구: 정당한 공공정책 목표를 중심으로

김진규,김동영 한국무역학회 2023 貿易學會誌 Vol.48 No.4

디지털 무역의 핵심 주제인 정보의 국경 간 이동은 주요 통상국의 시장지배력을 강화하고, 개인정보 보호 등을 위해 정당한 공공정책 목표 달성이 필요한 경우 예외적으로 인정되고 있다. 본 연구는WTO 주요 협정의 공공정책과 분쟁사례를 분석하고, 디지털 무역협정의 정당한 공공정책 목표의 개요 및 쟁점 분석을 통하여 WTO 다자간 규범을 중심으로 국제통상환경에 적합한 무역 규범화의 올바른 방향 및 시사점에 관하여 살펴보고자 한다. The growing impact of cross-border movement of information is increasing interest in information policy through digital trade agreements in major trading countries. Major trading partners are calling for the inclusion of their digital policies in trade agreements to strengthen market dominance and protect personal information. This study analyzes the meaning and disputed settlement cases of the WTO’s public policy objectives and examines the tendency of stakeholders to standardize legitimate exceptions to public policy objectives in digital trade. The study also examines the desirable direction of digital trade standardization suitable for the changing international trade environment. There is still debate about the specific objectives that should be included and the extent to which they should be allowed to restrict trade, however this study finds that there is a growing consensus on the need for legitimate public policy objectives to be included in digital trade agreements. The study concludes that the desirable direction of digital trade standardization is to strike a balance between the need to protect legitimate public policy objectives and the need to liberalize digital trade. This balance will need to be adjusted as the international trade environment continues to change.

WTO 무역원활화 협정과 USMCA, CPTPP, RCEP 통관절차 및 무역원활화 규정의 비교 연구

임목삼 한국무역상무학회 2022 貿易商務硏究 Vol.95 No.-

The WTO Trade Facilitation Agreement came into force in February 2017 after the majority of WTO member countries accepted it. The free trade agreement has provisions for 'Customs Clearance Procedures and Trade Facilitation' to enhance the ease of implementation and clarify. The purpose of this study is to suggest trade facilitation measures necessary for the free trade agreements that Korea has already concluded or to be concluded by comparing and analyzing the customs procedures and trade facilitation regulations of the WTO trade facilitation agreement and major free trade agreements. In this study, the customs procedures and trade facilitation regulations of the USMCA, CPTPP and RCEP concluded after the WTO Trade Facilitation Agreement were comparatively analyzed. For the comparative analysis method, the content analysis method and comparative analysis method of decomposing each agreement into each article and sub-discipline element unit were used. As a result, it was found that RCEP reflected the WTO trade facilitation agreement as it is, while USMCA and CPTPP reflected the WTO trade facilitation agreement but added additional trade facilitation measures as necessary. Among the customs procedures and trade facilitation regulations of the USMCA, CPTPP and RCEP, the regulations applicable to the customs procedures of the FTA concluded by Korea are as follows, taking into account the historical context of each party, customs laws and information technology level, etc. It is considered possible to introduce them. In the USMCA's customs procedures and trade facilitation regulations, regular communication mechanisms with stakeholders such as industries and traders are operated, the validity period of the pre-examination decision, protection of trustees in good faith in the pre-examination decision, expedited customs clearance and Introduction of export procedures, development of administrative guidelines used for specific transactions, measures to prevent irrationality of border officials and regulations on standards of conduct. It is also worth considering responding to requests for advice and information provision in the CPTPP's customs procedures and trade facilitation regulations. As it has been confirmed that the WTO member countries' customs procedures have been improved and trade costs have been reduced due to the WTO Trade Facilitation Agreement, it is expected that the export conditions of Korean companies will improve through this study. 대다수의 WTO 회원국이 수락하여 지난 2017년 2월에 발효된 WTO 무역원활화 협정은 지속적으로 확산되고 있는 자유무역협정에서도 협정 이행의 용이성 제고와 명확화를 위하여 ‘통관절차 및 무역원활화’ 규정을 두고 있다. 이에 본 연구에서는 WTO 무역원활화 협정과 주요 자유무역협정의 통관절차 및 무역원활화 규정을 비교 분석하여, 우리나라가 이미 체결하였거나 체결할 자유무역협정에 필요한 무역원활화 조치를 제안하는데 목적을 둔다. WTO 무역원활화 협정의 발효로 WTO 회원국, 특히 개도국의 통관절차가 개선되고 무역비용이 감소된 것으로 확인된 바, 본 연구를 통해 우리 기업의 수출 여건이 개선될 것으로 기대해 본다.

A Comparative Study of Consumer Trust in Major Digital Trade Agreements

고보민 한국무역연구원 2021 무역연구 Vol.17 No.3

Purpose Technological change has provided individual consumers with increased possibilities in participating in digital trade while the lack of consumer trust and confidence in digital trade prevents consumers from enjoying all the benefits of e-commerce. In this regard, it is necessary to search for means to protect the individual rights of consumers participating in digital trade with a sound assessment of digital trade agreements in terms of consumer trust. Design/Methodology/Approach Focusing particularly on the issue of consumer trust-building, this paper first discusses major consumer concerns for digital trade and specifies issues that embrace consumer trust-building within multilateral and regional trade agreements. It then conducts a comparative analysis of articles related to consumer trust in six major digital trade agreements and derives its policy implications. Findings In participating in digital trade, consumers have both general and stage-specific concerns. With slow progress at the WTO on e-commerce, articles related to digital trade are increasingly featuring in regional trade agreements (RTAs), including nine issues directly related to consumer trust: online consumer protection; personal information protection, unsolicited commercial electronic messages which means spam messages, domestic regulatory framework, transparency, cybersecurity, access to and use of the internet for electronic commerce. Research Implications By reviewing the six major digital trade agreements on nine issue areas of consumer trust, it is first found that all the agreements certainly share the significance of building consumer trust to facilitate digital trade. Second, the consensus of signatory countries on the five issues, such as online consumer protection, personal information protection, unsolicited commercial electronic messages, domestic regulatory framework, and cybersecurity, seems relatively easy to make since articles in those issues in six agreements are similar in their length and quality. To strengthen consumer trust internationally, in the form of multilateral or regional trade agreements, both e-commerce and competition chapters should cover the rules for digital trade. Domestically, it is necessary to find a way to regulate digital trade not only with domestic consumer law but also with the Monopoly Regulation and Fair Trade Act.