• Title/Summary/Keyword: 국제무역(國除貿易)

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A Study on the Time of Passing of Property in the International Sale of Goods (국제물품매매계약상 운송물품의 소유권이전시기에 관한 연구)

  • Chung, Jae-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.45
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    • pp.3-31
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    • 2010
  • The passing of property in goods affects contractual rights and duties. It is the point on which depend issues as diverse as the seller's entitlement to sue for the price and the incidence of risk of loss of casualty to the goods. The passing of property may also have an incidental effect on the remedies of the parties, including specific performance. But Incoterms do not deal with how the goods should reach the agreed point of delivery. While Incoterms specifically deal with questions of division of risk of loss of or damage to the goods between seller and buyer, they do not deal with property or transfer of title of the goods. Indeed, it was not even possible to agree on uniform rules on these questions in the CISG. Therefore, the parties to a contract of sale should provide for these matters themselves in the contract of sale and closely observe what the applicable law requires for the transfer of ownership to the goods and other property rights.

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A Study on the International Factoring Agreement for Improvement of Korean Civil Law (국제팩토링계약과 한국민법의 개선점에 대한 연구)

  • HAN, Ki-Moon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.70
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    • pp.21-38
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    • 2016
  • The trend of payment terms of an international trade has been changed from letter of credit to open account. In this regard factoring has come out to support SMEs in terms of financing on a without recourse basis. However, factoring is in Korea is not workable softly due mainly to legal system affecting smooth assignment of receivables. Therefore this study suggest the following solutions : Korean Civil Law shall be modified to protect factor's position as a right creditor to debtor and protect factor's position when perfection among several creditors are incurred. However, formal modification to this end would not be easy in short run and it is suggested that a special law be established in case a commercial receivable assignment both domestic and internationally happens between seller and factor.

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정보통신기기 상호인정협정동향 및 시사점

  • Baek, Jong-Hyun
    • Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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    • v.9 no.2
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    • pp.756-760
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    • 2005
  • WTO의 출현으로 국제 무역환경은 더 이상 자국 산업 보호를 위한 방파제를 사용하지 못하도록 무역상기술장벽(TBT) 협정을 체결하였으며, 더 나아가서는 각국의 승인제도를 일치 또는 조화시키려는 상호인정협정(MRA)을 추진하고 있다. 이에 세계 각국은 새로운 환경 변화에서 자국의 이익을 극대화하기 위한 적극적으로 MRA를 추진하고 있는 상황이다. 또한 최근 중요성이 높아지고 있는 정보통신기기 MRA는 향후 우리나라 정보통신산업에 막대한 영향을 미칠 수 있는 요인이 되고 있다. 여기서는 정보통신기기 MRA에 대한 전반적인 이해와 더불어 특히 그 중요성이 부각되고 있는 APEC 정보통신 MRA의 최근 동향을 중심으로 살펴봄으로써, 국제적 환경변화에 대한 우리나라의 시사점에 대해서 살펴보고자 한다.

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A Relationship between International Entrepreneurship and Internationalization Performance (국제기업가정신과 국제화 성과와의 관계)

  • Choi, Yu-Ri;Bang, Ho-Yeol
    • Korea Trade Review
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    • v.44 no.1
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    • pp.321-336
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    • 2019
  • The purpose of this research is to identify the global capability of international entrepreneurship, categorize internationalization opportunities into different types, and propose international entrepreneurship and the fit of opportunities. To do so, this study reviewed seven prominent business journals between 1996 and 2015 reflected the international business activities of entrepreneur and identified 6 attributes of international entrepreneurship. Second, this study analyzed researches using internationalization motivation as a keyword, categorized the researches into 4 types of internationalization opportunity according to the exploration and exploitation of resources. Third, this study developed conceptual models based on them to identify international entrepreneurship and fit of opportunities and gave a hypothesis on the relationship between international entrepreneurship, internationalization opportunity, and internationalization performance. By clarifying which capability of an international entrepreneur is needed in an internationalization opportunity, this study is expected to provide theoretical and practical implications to the internationalization performance of firms.

Analysis on the Trade Governance - a Focus on Korea's Domestic Case (통상 거버넌스 분석 - 한국의 국내 사례를 중심으로)

  • Ko, Bomin
    • Korea Trade Review
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    • v.44 no.6
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    • pp.55-67
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    • 2019
  • This study investigate the concept and type of Korea's trade governance by theories related to network governance. Korea's domestic trade policy-building system a 'network trade governance' utilizing Minister for Trade as a network administrative organization. This governance has four major rade stakeholders: G(Government), I(Industry), A(Academia), and C(Civil groups). Korea has five types of committees for internal consultation between domestic stakeholders, all G·I·A·C groups. Korea's trade governance can be if it fixes its administrative redundancy, communication formality, stakeholder exclusiveness. This topic calls for further research such as social network analysis as well as international comparison analysis.

A Study on the Unification of International Regulations in Contracts for International Sale of Goods (국제물품매매계약에 있어서 국제규범들의 통일화에 관한 연구)

  • Park, Sung-Ho
    • Korea Trade Review
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    • v.44 no.6
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    • pp.201-216
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    • 2019
  • At present, there are various standards used as the governing law of contracts for establishing, implementing, and resolving disputes between the parties to international sales contracts, called "Forum Shopping." Uncertainty and increased transaction costs, which may arise from these various norms, may hinder the activation of international commerce. This study examines the process of enacting and examining various international unification norms that have emerged through international organizations to eliminate trade barriers caused by choice of governing law concerning parties involved in the international sale of goods. Issues regarding the positive and negative perspectives are discussed to identify obstacles to international unification norms. In particular, by comparing and analyzing the differences between the regulations of the CISG and PICC, the representative international unification norms on international sales contracts, the possibility of unification of the norms on international sales contracts are reviewed. Direction for the establishment of a single international regulation is presented for reducing the transaction costs and uncertainties in the international sale of goods.

RBAC based Security Model for EPC Global Network (국제 물류 서비스 플랫폼의 정보 보호를 위한 RBAC 기반 접근제어 보안 모델)

  • Moon-Sun Shin;Jeong-Hee Hwang;Ik-Soo Hwang;Hun-Chul Kim
    • Proceedings of the Korea Information Processing Society Conference
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    • 2008.11a
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    • pp.1540-1542
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    • 2008
  • RFID기반의 국제물류 서비스 플로우상에서 나타나는 보안 요구사항으로 태그 보안, 물류 보안, 인증, 접근제어 등이 있으며 특히 물류정보보안과 사용자 인증 및 접근제어를 위해서 물류정보 데이터베이스를 위한 보안모델이 필요하다. 본 논문에서는 RBAC에 기반한 강화된 접근제어 모델을 제안하며 이는 EPCglobal Network 과 같은 분산 환경의 다양한 사용자들 및 물류정보 관리에 효율적이며 보안관리에 있어 용이성을 제공할 수 있어 향후 EPC IS에 Security Module로 구현 및 적용이 가능하다.

Security Control of International Logistic Service based on RFID (RFID 기반 국제 물류 서비스의 보안 정책)

  • Jeong Hee Hwang;Moon-Sun Shin;Ik-Soo Hwang;Hun-Chul Kim
    • Proceedings of the Korea Information Processing Society Conference
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    • 2008.11a
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    • pp.1444-1447
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    • 2008
  • RFID 기술은 유비쿼터스 환경을 구현하기 위한 핵심기술 중 하나로 기술 개발과 시범사업 등을 통해 충분한 성장 가능성과 기술력 향상이 기대된다. 특히 물류 환경에서 RFID 기술 기반의 물류 환경 관리는 비용 및 납기의 개선 등에 큰 효율성을 가져올 수 있다. 이 논문에서는 RFID 기반의 국제 물류 프로세스에 대한 보안 위험 요소를 분석하고 이에 대한 보안 요구사항 및 보안 정책 방안을 기술한다.

Does the R&D Subsidy of Developing Countries Overcome the First Mover Advantage of Foreign Firm? (후발국의 보조금정책은 외국기업의 선도자의 이익을 극복하는가?)

  • Li Kim;Sang-Kee Kim
    • Korea Trade Review
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    • v.47 no.5
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    • pp.305-319
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    • 2022
  • The Chinese government has been promoting core industries in accordance with the 'Made in China 2025'. As a result of injecting huge subsidies to develop core industries, a great success has been achieved in the electric vehicle and battery industry, however, the semiconductor industry has almost no performance. This study aims to examine whether the subsidy policy of a developing country helps their own domestic firm to overcome the first mover advantage of an advanced country's firm. From the game theoretical analysis, the results have shown that the subsidy policy of the developing country's government creates the profits shifting effect which arises from the developed country's firm to the developing country's firm. When there exists R&D efficiency gap between the two firms, however, most of these profit shifting effects are offset, which implies that the subsidy policy of developing countries is likely to fail.

A study on the legal relationship between the change in the date of performance of trade contracts and the date of shipment of letters of credit (무역계약의 이행기일과 신용장 선적기일의 변경 간의 법률관계에 대한 연구)

  • Je-Hyun Lee
    • Korea Trade Review
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    • v.48 no.3
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    • pp.23-41
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    • 2023
  • The seller and the buyer write down the agreed details in the trade contract as trade contract clauses. In the case where a letter of credit is agreed to be the payment condition, the buyer shall open a letter of credit to the seller with the shipping date specified in the trade contract through its bank. In this case, the legal relationship between the performance date of the trade contract and the shipment date of the letter of credit, the change of the performance date of the trade contract due to the change of the trade contract and the change of the shipment date specified in the letter of credit, the seller's letter of credit A problem arises in the legal interpretation of the approval period and the change request period. Therefore, this paper analyzed the precedents of the Seongnam Branch of the Suwon District Court and the Seoul High Court related to these legal issues. The performance date of a trade contract is the seller's delivery date and the buyer's payment date. In the letter of credit transaction, the date of performance of the trade contract is regarded as the date of shipment and the date of negotiation of documents specified in the letter of credit. The seller must decide whether to accept the letter of credit within 5 banking days after receiving the letter of credit from the buyer. After this period has elapsed, the seller cannot refuse the letter of credit. However, if the buyer is unable to decide whether to accept the letter of credit within 5 banking days due to reasons attributable to the buyer, the delivery date specified in the letter of credit will be extended. If the seller requests an amendment to the letter of credit, the buyer must accept it and open the letter of credit the seller desires to the seller. If the buyer refuses the seller's request to change the letter of credit, company A has the obligation to change and reopen the letter of credit as requested by company B. Expect by agreeing on the quotation As it is a fundamental breach of contract stipulated in Article 25 of the United Nations Convention on Contracts for the International Sale of Goods, company B can cancel the trade contract and claim damages from company A. Compensation for damages caused by Company A's breach of the trade contract shall be an amount equal to the loss suffered by Company B as a result of the breach, including loss of profits.