디지털 통상규범의 국내 이행을 위한 대외무역법의 정합성 제고 방안

초록

Purpose – This research investigates the limitations of the Korean Foreign Trade Act in addressing the transition from goods-based trade to digital trade. It aims to propose legislative directions that align domestic law with emerging international digital trade rules. Design/Methodology/Approach – A qualitative legal analysis was conducted by examining the Foreign Trade Act alongside major digital trade agreements, including the CPTPP, USMCA, DEPA, and KSDPA. The study evaluates the current legal framework and identifies institutional gaps related to data, digital services, and platform-based transactions. Findings – The findings indicate that the existing Foreign Trade Act remains centered on tangible goods and does not adequately regulate digital products, cross-border data flows, or digital services. To address these limitations, the study proposes expanding the legal concept of trade, introducing a risk-based data governance framework, strengthening digital trust infrastructure, and establishing an integrated governance system for digital trade. Research Implications – This study reconceptualizes the Foreign Trade Act as a comprehensive legal framework for digital trade rather than legislation governing only the cross-border movement of physical goods. By integrating international digital trade norms with domestic legal reform, it presents practical legislative directions to address emerging digital trade issues, including data governance, digital trust infrastructure, and institutional coordination. The findings offer both theoretical and policy implications to modernize Korea's trade legislation and strengthen its competitiveness in the evolving digital economy.

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