• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.157-182
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• 2010

A counter-guarantee is an independent undertaking and it functions in the same way as an ordinary independent guarantee. However, the typical notion of independence which applies to the relationship between the guarantee and the underlying contract cannot be exactly transposed to the relationship between the counter-guarantee and the primary guarantee, because the primary guarantor bears its duties that derive from the mandate. In this respect, this study reviews, with some critics, a Korean appellate court's decision and argues that, in spite of the principle of independence between the counter-guarantee and the primary guarantee, the primary guarantor may not be entitled to reimbursement from the counter-guarantor, if it is objectively evident that the primary guarantor has failed to perform its duty of verifying compliance under the primary guarantor or if it is objectively evident that the primary guarantor knows that it is objectively evident that there was fraudulent calling by the beneficiary under the primary guarantee.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.49-78
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• 2010

The seller has to deliver goods and hand over documents as required by the contract. It is very important that ownership of goods shall be transferred by the documents from the seller to the buyer. Where terms of payments is made under documentary payment such as negotiable order Bill of lading or any transport documents for symbolic delivery of goods shall be more important between the parties concerned. The buyer may withdraw or cancel the contract where the buyer accept the foul Bill of Lading and demand damages where the buyer accept the other documents which are not in accordance with requirements by the buyer. Withdraw or cancel of contract can be made where discrepancy of documents comes into fundamental breach of contract. In conclusion transport documents by the seller will be used to determine appropriation of transport document to the contract. Therefore the seller has to deliver the proper shipping documents to the buyer. Where the breach of the seller's obligations to deliver documents the buyer has the right of requiring performance, contract avoided, claiming damage to recover the contract under CISG. The significance of transport documents has been focused in this study and careful examination of documents shall be needed to prevent any dispute or differences between the parties.

• International Commerce and Information Review
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• v.15 no.4
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• pp.217-240
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• 2013

The investment environment in Korea and U.S. dramatically changed since Korea-US FTA. The key reasons for this successful change were liberalization and strengthened protection of investment along with trade liberalization which also brought investment market expansion. As the result of trade-diversion effect, investments between two countries have been enormously increased. Through a FTA with the big economy like US, Korea's FTA network has been largely expanded. Korea further needs to utilize this outcome when competing with other countries in investment markets.

• Journal of the Korean Geographical Society
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• v.46 no.6
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• pp.751-766
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• 2011

This study aims to grasp the hierarchy in the influence areas of port by the intensity of freight shipments and to seek the activating methods for the increase of export and import volumes of Pyeongtaek and Dangjin port. Pyeongtaek and Dangjin port whose major import and export freights are natural gas and automobile, were constructed for the increasing trade with People's Republic of China. This port is expanding the influence in the hinterland and foreland of the port, but core influence area of Pyeongtaek and Dangjin port is rich in trade volume within the radius of 70km. To become international as well as national ports, Pyeongtaek and Dangjin is required to execute the active policy to receive many-sideness of sea route and the recognition of freight holders, forwarders and ship companies in many regions.

• Korea Trade Review
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• v.44 no.5
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• pp.127-142
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• 2019

As Korea's steel industry exports 38 percent of its total steel production, the future management environment of the steel industry will change depending on the outcome of the FTA negotiations. The overall industrial structure of the domestic steel industry depends on the rules of origin, which are directly linked to the effect of concessionary tariffs. Therefore, negotiations on rules of origin are as important as tariff liberalization for Korea's steel industry. Korea's cold-rolled and plated companies are expected to be negatively affected as the country of origin standards of steel products have not considered the steel production processes in Korea. In future FTA talks, the country of origin rules should be agreed on a change of tariff classification basis. This result would secure a stable export market through increased predictability of steelmakers and reduce the risk of increased costs of oil and intangible products. In addition, the government should consider the structure of domestic supply and demand so that it does not impose constraints on the change of tariff classification. Finally, participants in the negotiations should consider the opinions of the domestic steel industry.

• Korea Trade Review
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• v.44 no.1
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• pp.285-299
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• 2019

The 'One Belt One Road (OBOR)' initiative, which was promulgated as part of the enlargement policy along with the advent of Xi Jinping in 2013, is a policy to expand China's political and economic power externally through linkages with neighboring countries. China's overseas port investment plays an important role in the promotion of the 'OBOR' policy from the coast of China through maritime transportation routes from S.E Asia to Mediterranean and Europe. Since China's overseas port investment has been made from several factors such as political, economic, and military motives, it differs in purpose and character from investments made by private companies, such as Global Port Operators(GTO) which consider profitability first. This study aims to address future prospects and implications by analyzing the geopolitics of China's overseas port investment under the 'One Belt One Road' initiative. According to the results, China's overseas port investment is dominated by state-owned enterprises and political and security factors are more important than profitability. China's overseas port investment has been on a large scale in a short period of time, and China has faced with various problems both domestically and internationally. such as debt default, environmental problems, subordination problems from recipient countries and political and military confrontation with great countries such as United States, Japan and India etc.

• Korea Trade Review
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• v.44 no.5
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• pp.29-43
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• 2019

This study aims to estimate the economic effect of Korea's transition to a developed country in WTO negotiations. If Korea develops into an advanced country, it must give up many advantages in the agricultural sector. In particular, limiting the scope of sensitive items, giving up the selection of special items, and drastic tariff reductions are expected to have greater negative effects on the agricultural sector. According to research results, Korea's GDP rose slightly from 0.2 to 0.8 percent following the DDA settlement. Especially when China is classified as an advanced country along with Korea, Korea's GDP appears to be growing even more. On the other hand, damage is expected in most areas of agriculture. The trade deficit in the agriculture sector is expected to widen as output in the agricultural sector decreases, and import growth exceeds export growth. In the non-agricultural sector, there are no significant differences in the change in WTO status. However, if China is grouped together as an advanced country, the export growth rate of the Korean manufacturing industry appears greater.

• Korea Trade Review
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• v.44 no.6
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• pp.231-246
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• 2019

Circumvention refers to the situation in which exporters try to circumvent import restrictions by setting up factories in third countries and assembling and producing parts locally. Circumvention dumping eliminates the impacts of existing anti-dumping measures, and major countries are introducing anti-circumvention dumping laws to address this problem. If the act of the exporting country is recognized as a circumvention dumping activity, anti-dumping duties are applied retroactively to the imported goods or components. Evasion is an act of importation that results in the reduction or non-application of cash deposits, securities, or anti-dumping or countervailing duties, in a manner that is substantive or false, substantive or omission. In this article, we reviewed the contents and examples of the anti-circumvention measures by the US Department of Commerce (DOC), the International Trade Commission (ITC), and the Anti-Evasion measures by the CBP. The CBP examples show how much inference can be made about which parts of the CBP's investigations, and in what ways. The enactment of the EAPA created an environment in which the role of the CBP was directly guaranteed, and it was possible to apply adverse inferences to those who did not respond to requests for information, resulting in stronger CBP's authority. Therefore, it is advisable for Korea to examine the introduction of domestic laws, such as the bypass anti-dumping system, in order to cope with unfair trade practices that undermine and neutralize the effects of anti-dumping measures.

• Korea Trade Review
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• v.44 no.6
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• pp.105-118
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• 2019

In the past two decades, due to the rapid fluctuations in the oil supply and demand in Northeast Asia as well as a surge in oil prices in the early 2000s, Korea has been developing the Northeast Asia Oil Hub project as a national project. This project was promoted based on the policy consideration that the nation's energy security and regional development can be promoted by establishing an oil hub in Northeast Asia that can eventually replace Singapore as East Asia's oil logistics hub. Following the construction of a large-scale oil storage facility in Yeosu in 2013, the main project in Ulsan has suffered many difficulties due to environmental changes such as the supply and demand of oil and political factors. The survey, which investigated the performance, problems, and prospects of the oil hub project, illustrates that scores of all sectors are of average level. In terms of performance and prospects, policies such as facility investment, law, and system improvement were determined to be rather high while operational areas such as value-added activities, profitability, and marketing activities were perceived as having more serious problems by respondents. In conclusion, despite the strong potential of Korea's oil hub based on its geographical location, facilities, and oil product capacity, there are problems related to policies, institutions, and investment. In the future, the oil hub business should be reviewed by considering environmental factors, and a drastic improvement plan for attracting foreign investors and oil traders should be established.

• Korea Trade Review
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• v.44 no.1
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• pp.193-205
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• 2019

It is important to accurately analyze the various factors such as the local situation of the purchasable countries and the international situation in order to export defense industrial goods developed in Korea and to enter overseas markets based on the results. In the case of defense materials, unlike the civilian sector, there are a limited number of countries with high export potential. Therefore, to select a possible export market, it is necessary to consider the purchasing power index through the examination of the purchasability of the exportable market. Therefore, the present study chose a total of 18 purchasing power indicators in five major categories of economic power, military power, defense science and technology level, friendly relations with Korea, and possibility of dispute. By calculating each weight with AHP and Fuzzy-AHP analysis, the results was presented the purchasing power index and the weighting. Based on the results will contribute to the study on the method of selecting the export market of the defense materials and the establishment of the export policy of the defense industry.