• Korea Trade Review
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• v.43 no.4
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• pp.219-245
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• 2018

Recently Korea affected by the US and China trade wars, has been stagnant in the global trade market. However, the global e-commerce market is growing and emerging with new trade opportunity. The purpose of this study is to derive factors of the execution of cross border electronic commerce in the global e-commerce market and to grasp the effects of these factors on firm performance and ultimately to provide policy implications for export expansion. For this purpose, we conducted a literature review to derive the factors for firm performance in the global e-commerce market. Subsequently, conceptual research model and research hypotheses were estabilished, and empirical analysis was conducted through questionnaires. As a result of the empirical analysis, trust and ICT capability have a positive effect on firm performance, and the impact of trust on firm performance depends on the level of dispute settlement. However, ICT capability does not affect firm performance. This study differs from previous studies in that it considered global e-commerce from the perspective of the enterprise and examined factors for firm performance.

• Korea Trade Review
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• v.42 no.2
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• pp.205-225
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• 2017

The study attempts to verify the case related to the notice of payment refusal by issuing bank regarding discrepancy in transport document under L/C(Letter of Credit) transaction. Considering the high portion of trade between Korea and China, Korean companies and banks in L/C transaction should be careful about many unpredictable situations. The case of this study is that Chinese seller(beneficiary) initiated a civil suit against Industrial Bank of Korea to Chinese court and Chinese courts in the first and second trials judged that the notice of payment refusal by Industrial bank of Korea doesn't satisfy Article 16, (c) (ii) (iii) in UCP 600. However, Industrial Bank of Korea implements the judgement even though the judgement is highly biased to Chinese seller. Considering the judgement by Chinese courts, the study suggests some countermeasures to Korean companies and banks which opened L/C. First, the issuing bank should describe the contents of discrepancy specifically based on Article 16, (c) in UCP 600. Second, it is necessary to insert a clause regarding governing law in the L/C contract like sales contract. Third, considering the biased judgement by Chinese court and difficulty in execution of foreign judgement in China, it is recommended to using arbitration as a method of dispute resolution such as ICLOCA and DOCDEX Rules which are international system operated by international instruments because it has legal effects to parties in L/C contracts if the issuing bank inserts arbitration clause in L/C.

• Proceedings of the CALSEC Conference
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• 1998.10a
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• pp.17-25
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• 1998

$\square$ 경쟁 원리에 따른 민간주도 추진 및 최소한의 정부 규제 (환경조성/수요창출 등) $\square$ 전자거래의 안전성, 신뢰성 확보 및 이용자의 권익 보호 (과세원칙/전자지급제도/전자서명, 인증, 암호화/지적소유권보호/소비자보호, 개인정보보호, 분쟁조정) $\square$ 글로벌화의 환경변화에 능동적으로 대응하는 유연한 법제도의 수립 및 시행 (과세 원칙 /전자지급제도) $\square$ 전자거래 기반에 대한 자유로운 현실적 접근. 활용 및 신뢰성ㆍ저렴화 선결 (전자거래기술개발 및 표준화) $\square$ 전자거래 관련 국제협력의 촉진 $\square$ 준비된 소비자 대응 및 네트워크 수요자를 대비한 1:1 마케팅 환경 조성 (집단적 의사대변) $\square$ 기술적 규제를 대비한 개도국 입장의 지속적인 요소기술 연구활동 촉진 및 EC 인프라 구축 $\square$ EC관련 규제체제와 기존 상거래와의 충돌 가능성 제거 및 흡수 (현실/규제의 융합) $\square$ EC 인프라 공동운영 및 거래의 수평적 협동 지원(중략)

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.43-62
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• 2016

The international arbitration system has been a useful method of settling disputes arising from international transactions. Arbitration provides the opportunity for the parties to choose a fair and neutral forum and to participate in the selection of the decision maker and the rules that will be applied. Because arbitration is a creature of contract, there is no agreement to arbitrate if there is no contract. An arbitration clause should be designed to fit the circumstances of the transaction and the parties' needs. The parties draft an arbitration clause with insufficient attention to the transaction to which it relates. Insufficient attention to arbitration agreement has caused the delay of arbitration procedure or even the inability to arbitrate. Therefore the parties pay sufficient attention to the underlying transaction so that the arbitration clause can be tailored to their particular requirements and to possible disputes that may reasonably be anticipated.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2020.11a
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• pp.189-190
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• 2020

부산의 주요 핵심 산업인 항만물류산업의 경쟁력 강화는 지역경제 활성화의 필수 조건이며, 항만물류산업의 경쟁력을 강화하는데 있어 단순한 항만의 양적인 규모의 경쟁에서 질적 효율성의 문제로 전환되고 있습니다.····(중략)····.선용품 공급산업의 경쟁력 강화방안으로 해운산업, 항만산업, 물류산업, 제조업 등 산업간 정보교류를 효율적으로 활용 할 수 있는 블록체인 기반의 선용품공급업 세관신고 시스템 고도화 방안····(중략)····.블록체인 기술을 도입하여 분쟁해결 발생시 이에 대한 시간과 비용을 절약할 수 있도록 하여 글로벌시장에서의 경쟁력을 확보할 수 있도록 적극적인 도움을 줄 수 있을 것으로 기대된다.

• Korea Trade Review
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• v.41 no.3
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• pp.135-156
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• 2016

This study, with reference to data on economic conditions in Shandong Province, China, looked into trade and investment activities in Korea and major cities of Shandong - Qingdao, Yantai, Weihai and Jinan - and investigated claim cases between the two countries by type. In addition, we investigated the matter empirically by conducting a survey administered to 300 Korean companies investing in Shandong Province and, based on the data, tested hypotheses for inferential analysis. The findings are as follows: i) while hypotheses in which the size of a firm, represented by import and export volume, has a positive relation with the frequency of trade claim filings (H1) and with the financial value of the trade claims (H2) were quoted, company size proved to have a significantly negative relation with the time required to obtain a claim decision, which rejects the third hypothesis (H3) in which the relation was thought to be positive: ii) while products, as represented by the type of business, showed a clearly significant difference with the frequency of trade claim filings (H4) and with methods of preventing and responding to claims (H6), they did not show a significant link to the type of trade claim (H5). This study is a theoretical and empirical overview of Korean companies based in Shandong Province of China, and can be used to address the practical needs of the Korean companies looking to start business in Shandong Province.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.22 no.3
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• pp.151-161
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• 2022

As Internet traffic surges due to global CPs, a request to share network investment costs has emerged in the industry. This has significantly changed the issue of the principle of network neutrality from accessibility to network fee. Some of the academic researchers had a negative view to network fees in the Internet space. However, in the industry, a number of disputes have occurred and some have escalated into court battles, and attention has been focused on the court's decision. The courts began to accept fee-for-service under network neutrality, and the government responded quickly by revising regulations. However, it still focuses on service stability, and there is no regulation that directly stipulates payment of network fee. In the study, changes in network neutrality were verified by analyzing cases of disputes between operators, court judgments, and improvement of regulations. And referring to the tragedy of the commons, the restoration of the correct price signal based on the principle of beneficiary pays was suggested as the most important solution. The payment of network fee by CP is one of the solutions.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.1
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• pp.65-94
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• 2015

Since American Airlines launched AAdvantage which was the first Frequent Flyer Program in 1981, many people has accumulated mileage credits, and now, frequent flyer program(FFP) is the universal marketing tool to the airlines. These days, airlines establish a strategic alliance with domestic and foreign companies of various fields ; other airlines, travel agencies, car hire firms, hotels, department stores, even credit card companies. However, more people want to use their mileage credits, more airlines reject to approve that or change frequent flyer program against their customers. Last year, Northwest, Inc. v. Ginsberg, the United State Supreme Court made a decision that the preemption provision of Airlines Deregulation Act(ADA) preempts state laws related to rates, routes and services for air carriers including implied covenant of good faith and fare dealing. Thus, the claim of Ginsberg was canceled, it means that Northwest Inc. could terminated one-sidedly his membership in the frequent flyer program. In the contrast, Korea does not have the statute like ADA. If customers file a claim on FFP like Ginsberg, the courts of Korea judge whether the clauses of standard form contract are unfair or not. Therefore, in this article, Ginsberg would be checked on legal issues and be compared briefly with the courts' ruling in Korea.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.33-52
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• 2014

Although climate change is a global scale question, some concerns have been raised that principles of investment arbitration may not adequately address the domestic implementation of climate change measures. A recent ICSID investment arbitration of Vattenfall v. Germany with regard to the investor's alleged damages from the phase-out of nuclear plants is a salient climate change case. The 2005 Kyoto Protocol was made to reduce greenhouse gas emissions and it provides a number of flexible mechanisms such as Joint Implementation (JI) and Clean Development Mechanism (CDM). Implementation of the Kyoto Protocol allows dispute settlement through investor-state arbitration. Any initiation of stricter emission standards can violate the prohibition on expropriations in investment agreements, regardless of the measures created to reduce greenhouse gas emissions. The effect-based expropriation doctrine can charge changes to existing emission standards as interference with the use of property that goes against the legitimate expectation of a foreign investor. In regulatory chill, threat of investor claims against the host state may preclude the strengthening of climate change measures. Stabilization clauses also have a freezing effect on the hosting state's regulation and a new law applicable to the investment. In the fair and equitable standard, basic expectations of investors when entering into earlier carbon-intensive operations can be affected by a regulation seeking to change into a low-carbon approach. As seen in the Methanex tribunal, a non-discriminatory and public purpose of environmental protection measures should be considered as non-expropriation in the arbitral tribunal unless its decision would intentionally impede a foreign investor's investment.

• International Commerce and Information Review
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• v.18 no.3
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• pp.249-273
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• 2016

Recently companies consider the patent activity as one of the critical factor for success in global economy even though one of the enterprise's competitiveness factor was productivity in past industry economy. Since there are so many patent dispute globally in IT industry, it is very important for companies to register and manage patents strategically. Therefore, this research analyze relationship between Financial result and 3 patent activity factors like productivity, effectiveness, and high-quality by investigating patent and financial data of 217 Korean IT enterprises. This paper get the following results after building research model and hypothesis based on resource-based theory and analysing the data sets using multiple regression model. First, effectiveness and high-quality of patents showed positive(+) effect on growth of total assets of IT enterprises. Second, three factors of patent activities do not have significant results with average increase rate of sales. Third, only high-quality of patents have positive(+) effect on average increase rate of net income. The differentiation factor of this research is that this paper categorized patent activity factors as quantitative and qualitative factors, and practically suggested strategic direction of patent activities of IT companies which face serious patent distribute globally.