• 무역학회지
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• 제47권5호
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• pp.241-251
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• 2022

As a 4th industrial revolution technology, robots are changing the form of labor market and trade in Korea. In the future, changes in the international trade order are expected to move in the direction of shortening global supply chains and restricting trade between countries. Accordingly, reshoring of relocating overseas production facilities to Korea or near-shoring of relocating overseas production facilities to neighboring allies may expand. In this context, this study analyzed the impact of robot introduction on the domestic labor market and trade based on firm-level data. As a result of analysis based on the 'business activity data' accumulated from 2017 to 2019, the introduction of robot technology was analyzed to expand low-wage, low-skilled employment. Analysis on trade shows that the introduction of robots decreases exports and increases imports. In order to expand exports through the technology of the 4th industrial revolution, employment expansion and robot introduction should occur at the same time, rather than replacing the labor force with robots. In addition, it is thought that reshoring's goal of risk management can be achieved when a stable supply chain for imports of raw materials or essential goods, which are difficult to transfer to Korea, is established together.

• 무역학회지
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• 제46권3호
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• pp.99-117
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• 2021

Korea's FTA e-commerce regulations are evolving into a standardized norm. However, "location of computing facilities", which was not covered by Korea's existing FTA, was newly established in Korea's first Mega FTA, RCEP. China, a member of RCEP, restricts data movement and requires data localization through its Cybersecurity law. These facts have led to start this study with interest in data-related regulations. It examined country-specific and regulatory characteristics in the process of forming digital trade norms, using the TAPED established by Burri et al. (2020). It also analyzed the current status of introducing norms related to 'data flow', 'data localization' and 'data protection' of the EU, USA and China, which are leading the formation of e-commerce trade norms. Finally, the legal review was conducted to compare the exact meaning of the wording expressed in each agreement for the six recently enacted Mega FTAs and Digital Economic Agreements. These findings are meaningful in that they provided implications for the effectiveness of RCEP and the direction of negotiations on Korea's digital trade norms.

• 무역학회지
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• 제45권1호
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• pp.203-219
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• 2020

The parties shall perform all actions necessary for the proper and expeditious conduct of arbitral proceedings. This includes complying without delay with any determination of the tribunal as to any and all procedural or evidential matters, or with any order or directions of the tribunal, and where appropriate, taking without delay any necessary steps to obtain a decision of the court on a preliminary question of jurisdiction or law. The parties are free to agree on the powers of the tribunal in case of a party's failure to do something necessary for the proper and expeditious conduct of the arbitration. The parties' general duty may be based on agreements, such as the duty not to ask the court for a dispute, the duty to carry out arbitral awards, and the duty of confidentiality. In this study, as a premise, after confirming the discussion related to Article 40 (general obligations of the parties) of the law, the arbitral tribunal will analyze the authority to execute it based on Article 41. As a matter of fact, in LMAA Terms 2017, the parties want to analyze what is required in order to proceed effectively.

• 무역학회지
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• 제47권1호
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• pp.115-130
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• 2022

In this study, I focus on analyzing how the effects of implementing ETS are different depending on whether Korean ETS linking with carbon markets in other countries. The global computable general equilibrium (CGE) model built in this study analyzes the chages in the production and trade of industrial sectors according to the international linkage of ETS compared to the reference scenario of emissions reduction targets and implementation of ETS. From the analysis of internatioanl linkage of carbon markets scenarios, Annex B countries-South Korea carbon market linkage with individual ETS in China worse the economic outcomes in South Korea the most. This means South Korea lose the international competitiveness compared to China in this scenario. On the other hand, Annex B-China carbon market linkage with Korean individual ETS implementation reduce the decreases in production and trading. The most effective way is to join a global emissions trading market with China. The results are consistent in most industries of South Korea. These results are caused by that the supply of emission allowance is increased and the price of emissions allowances is dropped by China's participation to the carbon market, which can be understood to reduce the carbon reduction cost for industrial sectors. In addition, it can be also concluded that the determinant of the negative impact of ETS on changes in production and trade is more sensitive to the price of emissions allowances than to the characteristics of production and trade structure.

• 무역학회지
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• 제45권5호
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• pp.117-139
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• 2020

In case of international long-term transactions, there are various risks of economic change of circumstances including skyrocketing price increase and shortage of raw material, as well as force majeure in a general sense. Nevertheless, pretty many of international long-term commercial contracts do not include the provisions of renegotiation and adaptation of the contract. In this case, possibility of renegotiation and adaptation depends mainly on the applicable law. Namely, it may be possible or not, according to choice of law. The reason is that national laws have nuances each other, and most of national courts are traditionally reluctant to accept hardship. and also, provisions of international uniform law (CISG) has ambiguity and inflexibility in relation to the problems of change of circumstances. Accordingly, this paper analyzes comparatively the doctrines and provisions related to renegotiation and adaptation of contracts of the most representative countries such as England, U.S.A., France, Germany as well as provisions CISG and soft law such as PICC. By doing so, the author makes clear which laws of instruments is more flexible or acceptable in allowing renegotiation and adaptation of long-term commercial contracts, and emphasizes on the importance of inclusion of express terms by using other alternative supplementing clauses, as a best solution for settling the problems of legal uncertainty of contract in relation to renegotiation and adaptation.

• 무역학회지
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• 제45권5호
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• pp.181-200
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• 2020

The Korea-Canada FTA and the EVTA have adopted cross-cumulation clauses in their rules of origin, aiming at the enhancement of the value chains among the FTA parties. In fact, intricate rules of origin are often considered as the major cause that discourages the utilization of the agreement for the exporting firms. From this perspective, the correct understanding of cross-cumulation clauses in FTAs is an urgent mission for the Korean exporters as well, and the EVTA, which has recently introduced the cross-cumulation method in a linkage with the Korea-EU FTA provides the timely motivation. This paper first analyzes the Korea-Canada FTA of 2015 as for the case study, because this is a unique trade agreement for Korea that has already adopted the cross-cumulation clauses. It is concluded that the clause is rather vague, particularly in certifying the origins of the intermediate goods from the territory of an authorized third party. From this perspective, the recently-ratified EVTA is particularly important and meaningful with its clearer explanations for the utilization of the privileged rules of origin. The paper finalizes the study by making policy suggestions to the stakeholders, expecting more future FTAs to come equipped with similar cumulative rules of origin, and implies the possibility of the modification of the current clauses in the FTA with Canada.

• 무역학회지
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• 제45권3호
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• pp.133-146
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• 2020

In the UK's the insurance law 2015, a remedy for breach of warranty in marine insurance was introduced. Also, if the insured proves that breach of warranty in marine insurance does not affect damages, the insurer pays the insurance money to the insured. The UK's marine insurance law has served as the governing law that has been the standard for the marine insurance industry for a long time. Korea and China were heavily influenced by the UK maritime insurance law. Therefore, this study analyzed the cases of breach of warranty in marine insurance in Korea and China. Through this, the insurer avoid the insurance contract for an accident that occurred after the breach of warranty. this result will be different under the new revised insurance law system. With the revision to The Insurance Act 2015, one of the biggest change in the insurance system is that it is possible to remedy of the violations of warranty. However, such a revision of the law requires considerable attention as it also changes the interpretation and judgment of the courts. Accordingly, a practical response of the insurance industry is required. It is necessary to prepare for possible disputes in practice.

• 무역학회지
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• 제45권4호
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• pp.83-93
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• 2020

Sanctions by the international community can increase their effectiveness with the participation of major countries with global economic influence, and can lead to efficient sanctions against the target countries when different sanctions procedures and methods can be operated in an integrated manner. To this end, it is being carried out with the aim of maximizing the performance of sanctions through collective economic solidarity by inducing international participation centered on the joint agenda, such as drawing up a resolution for sanctions. In this study, the definition and purpose of sanctions imposed by the international community and by major specific countries were explained and an empirical analysis was conducted on the economic impact of each sanctions, focusing on the United Nations Security Council and the United States, which directly implement them. Based on the selected research model, the effects of economic sanctions on the international community and countries subject to sanctions by certain countries were mutually compared and analyzed in the data. Finally, the conclusion obtained from this study was stated and the implications were derived and the possibility of further research expansion was described.

• 무역학회지
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• 제45권5호
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• pp.279-301
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• 2020

In the absence of any guidance under statutory law, such as the Rules for Construction of Policy, MIA 1906, judges should follow the general principles of interpretation that apply to all contracts. In simple terms, Contra Proferentem Rule means that if the contents of the terms and conditions are ambiguous, they are interpreted against the writer of the terms and conditions. In the Anglo-American Contract Law, the 'default rule' is an important judicial tool that can supplement defects in contract norms and reinforce the principle of private autonomy through gap-filling techniques related to the interpretation of contracts. In Korea, it is sometimes mentioned in case of precedent, and it has been established as a clear rule. This study analyzes the interpretation of terms and conditions is not in the form that the interpretation of other general contracts and other interpretation principles are valid, but contracts based on terms and conditions are also contracts, and as a general rule, the interpretation of terms and conditions is explained like the general contract interpretation.

• 무역학회지
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• 제46권2호
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• pp.213-228
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• 2021

In recent year, US government requires local investment ,unlike in the past, when import restrictions and tariff were imposed. In this situation, many companies are considering new investment in the US and entering the local market. However, research on the optimal investment plan along with the case analysis on trade regulation is extremely limited and more research needs to be conducted. Accordingly, this study aims to suggest the implications and countermeasure of the SCM and logistical perspective by studying the optimal measures for the new investment of each company due to trade regulation. As a research method, the gravity location model, Mixed Integer Linear Programming Model were used to select the optimal automobile manufacturing factory considering each state's population. This study will be implication of SCM and logistics perspective not only for companies considering new investment in the US but also for the government to conduct trade negotiations. In the future, it is expected that the US trade pressure will increase and affect Korea in many ways. Therefore, in order to cope with such difficult situation in a timely manner, continuous research considering various possibilities is needed in the future.