法務서비스 市場開放 協商과 우리의 課題

Abstract

The Current Article begins by setting out some fundamental elements of the negotiations on opening of legal services market. It discusses the scope or the definition of legal services market as it pertains to WTO/GATS negotiations; introduces several standards in characterizing various types of legal services; analyzes distinct characters and current status of legal services market; and examines the demand for legal services and its trends. The current article goes on to overview the legal structure of, and standing commitments under WTO/GATS as regards the legal services market based on the List of MFN Exemptions and the Schedule of Specific Commitments. It finds that specific commitments made by member states of the WTO are generally characterized by restrictions of diverse fashion, leaving a lot of room for further liberalization. With negotiations on liberalizing legal services market set to be advanced as part of services negotiations under Doha Development Agenda (DDA), the current article tries to offer policy recommendations for Korea's request and offer as mandated by DDA negotiations. The current article analyzes key elements of legal services negotiations and viable options for each. It forecasts that Korea will face considerable pressure from main players in the negotiations including U.S. and EU, and recommends a comprehensive approach that encompasses demand as well as supply side of the equation to maximize positive effects of further liberalization while minimizing its ill effects.