• 무역상무연구
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• 제78권
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• pp.31-51
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• 2018

As International arbitration has increased in popularity, there has been an expansion in the pool of arbitrators, and a commensurate diversification of not only the legal backgrounds but cultural backgrounds among themand among parties. As a result, there has been increased attention on the standards used to evaluate arbitrators' conduct and ethics, especially among them, 'Impartiality and Independence of Arbitrator' which is a precondition for an acceptable awards. There is no international treaty or code governing these issues. But the International Bar Association(IBA) seems to be leading the way such as establishing practical guidelines regarding to impartiality and independence of arbitrator. This article will review some theories, cases about impartiality and independence of arbitrator, and practical standards through the IBA guidelines. It is intended to provide specific guidance and criteria to the arbitrators, parties and counsels. And also it is expected to prevent unnecessary delays in arbitration proceedings in advance and filing for the annulment of arbitral awards because of lack of impartiality and independence of arbitrator as well.

• 무역상무연구
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• 제47권
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• pp.3-24
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• 2010

The contours of the definition of an indirect expropriation are not precisely drawn. In some recent ICSID decision, tribunals have interpreted the concept of indirect expropriation narrowly and have preferred to find a violation of the standard of fair and equitable treatment. Thus, I analyzed the three Requirements of Indirect Expropriation basis of ICSID Cases as below. First, the effect of measure upon the economic benefit value as well as upon the control over the investment will be the key question when it comes to deciding whether an indirect expropriation has taken place. Whenever this effect is substantial and lasts for a significant period of time, it will be assumed prima facie that a taking of the property has occurred. Second, legitimate play a key role in the interpretation of the fair and equitable treatment standard. But they also found entry into the law governing indirect expropriation. Finally, the duration of a government measure affecting the interests of a foreign investor is important for the assessment of whether an expropriation has occurred.

• 무역상무연구
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• 제64권
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• pp.131-154
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• 2014

The International Standard Banking Practice for the Examination of Documents under UCP 600 (ISBP 745) is the product by the Drafting Group of the ICC Banking Commission during a number of years. ISBP 745 is a practical complement to UCP 600, ICC's universally used rules on documentary credits. ISBP 745 does not amend UCP 600. Two rules should be read in their entirety and not in isolation. ISBP 745 explains, in explicit detail, how the UCP 600 rules are to be applied on a day-to-day basis. It fills a needed gap between the general principles announced in UCP 600 and the daily work of the documentary credit practitioners. It has developed into an invaluable aid to banks, corporates, logistics and insurance companies alike, on a global basis. By using ISBP 745, document checkers can bring their practices in line with those followed by their colleagues worldwide. The result should be a significant reduction in the number of shipping documents refused for discrepancies on first presentation. This study aims to summarize the reasons for revision of the ISBP rules and the key-points of ISBP 745, and to provide the documentary credit practitioners with some considerations under its practical application.

• 무역상무연구
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• 제64권
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• pp.3-37
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• 2014

The purpose of this paper is to examine thoroughly on passing of risk in contracts for the international sale of goods. Articles 66~70 of the CISG contain provisions on passing of risk. Article 66 states the main effect of passing risk to the buyer. Article 67~69 determine the decisive point in time which the risk passes from the seller to the buyer and article 70 attempts to explain the relation between passing of risk and fundamental breach of contract by the seller. As in the case corresponding Incoterms rules, the main issue to be resolved is which party should bear the economic consequences in the event that the goods are accidentally lost, damages or destroyed. Many cases also apply CISG articles 66~70 to contracts in which parties not agree on the use of trade terms such as CIF, CFR, FOB and FCA in Incoterms[R] 2010 Rule that provide for when the risk passes. In order to minimize disputes that may arise under contract, when drawing up a contracts for the international sale of goods, the specifics of agreement should be clearly stipulated. Consequently, the parties of contracts for the international sale of goods should take adequate measures, and it is required to prepare the contracts clearly as the specific terms to prevent and resolve contractual disputes on passing of risk.

• 한국컴퓨터정보학회논문지
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• 제12권1호
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• pp.199-204
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• 2007

국제마케팅 활동에서 해외시장조사는 신시장의 진입은 물론 경쟁시장에서도 매우 중요하다. 현대기업경영의 특징 중 하나가 경쟁적으로 국제화과정에 참여하는 활동인데, 기업이 치열한 국제경쟁시장에서 생존 성공하기 위해서는 우선적으로 해외시장환경에 대한 체계적인 분석이 선행되어야 하고, 또한 기업의 해외진출은 무엇보다도 수출잠재력을 보유한 후에 이루어져야 한다. 국내시장조사보다 더 까다롭고 복잡하게 이루어지는 해외시장조사 활동은 무역, 특히 수출무역과 관련되는 마케팅활동에 응용되는 시장조사로써, 조사자는 조사대상 지역의 문화에 대한 깊은 이해력과 창조적 재능을 갖추어야 하며, 항상 회의적 자세를 갖고 조사대상 자료들을 검토 분석하여야 한다.

• 한국정보처리학회:학술대회논문집
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• 한국정보처리학회 2012년도 추계학술발표대회
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• pp.1607-1610
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• 2012

국제 무역의 활성화와, 운송수단의 기술적 발전은 국가 간 교역을 증대시키게 되었다. 특히 해상 무역 물동량의 증가는 국제항을 다양한 재화 및 여객 소통의 중심으로 만들었고, 경제적 관문으로써의 중요성이 높아지고 있으며 점차 국가 주요 기반 시설로 자리 잡고 있다. 즉, 원활한 교역을 위한 물류 효율화 달성과 안전한 항만 운영을 위한 보안 제도 강화의 필요성이 증대됨에 따라, 이를 효과적으로 관리 유지할 필요가 있게 되었다. 이에 본 논문은 자동화 고부가가치 서비스가 가능한 정보 중심의 u-Port(Ubiquitous Port)를 국가 전략적 차원에서 육성한 대한민국 사례를 기반으로 효율적인 항만물류를 위한 기반 시스템으로 활용될 수 있도록 해운물류표준화 기구인 IMO(International Maritime Organization)에 선진 사례로 소개하고 활용할 수 있는 방안을 제시하고자 한다. u-Port는 수출입 화물 관리가 용이하며 항만 보안을 강화하는 등 항만 업무 효율화를 제공할 수 있다는 장점으로 향후 개발도상국 또는 후진국의 항만 업무 생산성 및 투명성을 높일 수 있는 기반을 지원할 수 있을 것이다.

• 무역학회지
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• 제44권6호
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• pp.345-361
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• 2019

In recent years, Chinese firms have explosively increased outward foreign direct investment (oFDI). While state-owned enterprises (SOEs) are still dominant in Chinese oFDI, privately-owned enterprises (POEs) are also accelerating their internationalization. These two types of Chinese firms differ in their behavior regarding oFDI. The objective of this paper is to analyze the differences in the choice of oFDI locations between Chinese SOEs and POEs by considering host country factors. By integrating the literature on Chinese firms' oFDI and on FDI locations, we developed six hypotheses concerning how host country factors affect their choice of location. We tested our hypotheses by conducting multiple regression analysis with recent secondary data on 413 Chinese MNEs in 88 countries between 2005 and 2016. The results of the test show that in selecting oFDI locations, Chinese SOEs invest relatively more in countries with richer natural resources, more abundant strategic assets, less production efficiency, higher political risk, and lower institutional quality compared with Chinese POEs. It is our hope that the empirical results of this paper will contribute to research on Chinese oFDI.

• 무역학회지
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• 제44권3호
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• pp.25-42
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• 2019

This research examined the mediation effect of Workforce Agility (WA) on the relationship between environmental uncertainty and operational performance. We manipulated the control variables that are known to be affected by employment flexibility. Employment flexibility is caused by idiosyncratic characteristics of Korean port system. The analysis was tested by Baron & Kenny's method. The result indicates that each path of the proposed model is significant. Furthermore, the mediation effect was checked with the Sobel Test. The research revealed that environment uncertainty poses an indirect effect on operational performance. Both supply/demand uncertainty and technological uncertainty affected operational performance through the mediation effect of WA. Most of the distribution centers located in Busan Newport Distripark are operated in a bimodal labor (human resource) system which includes both permanent employees (workers) and temporary employees (workers). This empirical research provides theoretical and managerial implications by suggesting ways to increase efficiency in distribution center operation through WA enhancement, and to improve the unloading labor system.

• 무역학회지
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• 제44권2호
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• pp.143-157
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• 2019

The purpose of this study is to review domestic and foreign origin labeling system in order to implement origin labeling system in the perspective of protecting the interests of consumers, and to suggest governmental improvements by analyzing problems embedded in current labeling system. The results analysis show complexity of related legal system, lack of expertise at the stage of labeling, and inefficiency of crackdown authority. The improvement could be suggested in two ways: supporting plans for the ones who have duty of labeling and improvement plans in origin management system. As supporting plans, we suggest the need for an automatic origin determination system, appropriate education on origin stakeholders, and introduction of origin certification system. For improvement plans, there are unification of country of origin labeling related laws, utilization of FTA product specific rules, and QR code, expert confirmation system. Since the origin labeling issue has become important, proactive and quick responses must follow with thorough examination the effect of the origin labeling on consumer welfare.

• 아태비즈니스연구
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• 제13권3호
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• pp.475-491
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• 2022

Purpose - This study analyzed the correlation and effect of FTA environmental factors (company internal environmental factors, corporate external environmental factors) between FTA utilization and performance of Shandong companies in China. Design/methodology/approach - To test the hypothesis, SPSS 24.0 statistical packages were used based on the collected data. Findings - First, it was confirmed that internal environmental factors (international marketing orientation, corporate competitiveness, and corporate awareness of FTA) of companies had a positive(+) effect on FTA utilization. Second, The government's support for FTA utilization will have a significant positive (+) effect on companies' FTA utilization.Non-tariff barriers will have a negative (-) effect on companies' use of FTA. Third, A company's FTA utilization will have a significant positive effect on FTA performance. Research implications or Originality - If Shandong companies want to increase the utilization of FTAs, they should strengthen international marketing, such as collecting information on competitors and improving product quality and price competitiveness, and increase corporate competitiveness through active export activities to the global market.In order to increase the awareness of FTA among enterprises in Shandong Province, the government should strengthen the relevant education of enterprises about FTA.