WTO/GATS下에서 고등교육서비스 시장개방의 법적 문제점과 대응방안

Abstract

With ‘General Agreements on Trade in Services (GATS)' came into force with the commencement of WTO system, education service has been incorporated into the field of goods which are available to trade internationally. Service negotiations under GATS were resumed as a built-in agenda of Uruguay Round since January 1st, 2000. As the fourth Ministerial Conference was held in Doha, Qatar in November, 2001, it has been decided that with the commencement of Doha Development Agenda (DDA), each member should submit initial request lists in the service sector by June 30th, 2002 and initial offer lists by March 31st, 2003 to complete negotiations by January 1st, 2005. Accordingly, real opening of education service market has come.

Basically GATS is aimed at creating advantageous condition for education service suppliers by delivering education services between borders and abolishing or relieving barriers to set up or operate the facilities to supply service to domestic or overseas students (customers). In the globalized world economic frame, Korean education market has to accept GATS and faces into a turning point of exposure to foreign competition directly.

According to the definition of GATS, education service trade is divided into Mode 1 (Cross-border trade), Mode 2 (Consumption abroad), Mode3 (Commercial presence), Mode4 (Presence of natural persons).

Mode 1, cross-border trade of education service, corresponds with the normal form of trade in goods and education service, flows without seller and buyer moved. Mode 2, consumption abroad of education service, refers to situations where a student moves into the country of service provider to obtain a service such as to study abroad or take a language course abroad, and it takes the largest portion in the world education service trade up to now. Mode 3, commercial presence, refers to establishing branch offices or other education institution by an education service supplier as a form of direct investment. Mode 4, movements of natural persons, represents that a professor, lecture or research worker moves to provide education service in person.

Under the current situation with high demand for university and education, and weak international competitiveness comparing to developed countries in Korea, it's highly possible for foreign universities to enter into Korea.

In this Korean educational reality, the issues of opening education market will have an intense effect on setting the standard for our education. Accordingly, the purpose of this study is to face up to the current situation of our education related to the opening of higher education market, set the course for how to cope with it and in what attitude, analyze policies on the opening of higher education service market and its legal problems under WTO/GATS system by investigating related statutes including special acts, and propose countermeasures for it.

To accomplish those purposes of this study, this study explores the definition of service trade, trade principles of GATS and background of service negotiations in Chapter 2. It investigates features of service trade in detail, general principle of GATS, major regulations and the background of service negotiations such as increase in relative importance of service trade according to explosive augmentation in service trade with technology development.

In Chapter 3, this dissertation describes that the schedule of service negotiations have been confirmed with the commencement of Doha Development Agenda and GATS negotiations are commenced, and studies with major contents of negotiation offers in the educational field suggested by 4 countries including the U.S.A and changes in norms and its related law system to the opening of education service market in GATS, investigates about permit and regulation situation for education service in the major countries and the future courses in opening education service market.

In Chapter 4, it investigates the realities of foreign education marketing opening, issues related to higher education market crisis and higher education market opening under GATS and studies issues related to opening higher education market in Korea.

In Chapter 5, it explores current situations of our higher education and effects of higher education market opening. It also suggests turning the course for our education policy through foreign examples and studies our governmental policies for higher education market opening. It contemplates major contents of the registration "Special Act on Jeju Free International City and Establishment and Operation of a Foreign Education Institution in Free Trade Zone," the main subject of this dissertation and legal problems included in it and proposes countermeasures and reaches the conclusions.

key words : WTO, GATS, Higher education service market opening,

Countermeasures, Doha Development Agenda, Mode