US-Korea Digital Trade Disputes

This paper examines the legal implications of Korea’s proposed “network usage fee” legislation in light of the KORUS FTA and broader international digital trade norms. It argues that the bill imposes unreasonable and potentially discriminatory financial burdens on foreign content providers, particularly US-based CAPs, thereby restricting access to Korea’s public telecommunications networks. Through technical and legal analysis, the study highlights how the proposed fees contradict principles of net neutrality, violate KORUS provisions on non-discriminatory access and competitive safeguards, and undermine efficient market-based arrangements historically favored in digital trade governance.