• Title/Summary/Keyword: 대외무역법

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A Study on the Improvements of Administrative Rules of Korea Foreign Trade Act (대외무역법 행정규칙의 개편방향에 관한 연구)

  • Park, Kwang So
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.63
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    • pp.185-207
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    • 2014
  • There are over 20 administrative rules related to Korea Foreign Trade Act including Export and Import Notification, Consolidated Notification, Notification for Strategic Materials and so on. The purpose of this research proposes to reform some administrative rules related to Korea Foreign Trade Act. First, the administrative rules are a little many and hidden in part, so the effort need for simplification and publication. Especially Export and Import Notification is no need more, and some articles can be transfer to the similar notification. Second, the prohibited or regulated items are only 135, and the reason is cooperation to world trade policy and Korea trade purpose. The item number of trade limitation are decreased sharply compare to several decades, but we still effort to decrease. Third, There are 2 tracks trade regulation both Korea Foreign Trade Act and 57 specific acts. The number of trade limitation item is over 5,000, so it is impossible to control by Consolidated Notification. The role of Consolidated Notification is the just guides for Export and Import, so trader has to use the specific trade-related law.

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Assessment of China's Policies Regarding Grain Import and Export

  • Junghwan Choi;Sangseop Lim
    • Journal of the Korea Society of Computer and Information
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    • v.28 no.12
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    • pp.267-279
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    • 2023
  • The objective of this paper is to examine the legal framework governing the import and export of grain in China, a pivotal factor in shaping policies aimed at stabilizing South Korea's foreign trade and grain imports. Through this analysis, it is observed that China's foreign trade system, governed by the Foreign Trade Act, exhibits a notable absence of clear delineation regarding the scope and responsibility for the delegation of authority to foreign trade management agencies. In contrast, Korea's Foreign Trade Law, along with its enforcement decree and management regulations, explicitly outlines the scope and responsibilities pertaining to the delegation of authority to foreign trade management. However, in the case of China's revised Foreign Trade Law, there exists a lack of precision in specifying the delegation of authority to foreign trade management. This creates a potential for discretionary intervention by local governments or other administrative bodies. While China's legal system concerning grain imports and exports aligns with WTO regulations in its institutional framework, attention is warranted due to the vagueness in laws or regulations, as well as the presence of irrational and non-transparent procedures during system operation. As conclusion remarks, while China's legal structure related to grain imports and exports conforms to WTO guidelines overall, the identified issues such as legal ambiguity and non-transparent procedures underscore the need for caution. To safeguard against potential challenges in future trade interactions with China, proactive measures are crucial to address these concerns.

Discussion on the Revision of Foreign Trade Act Including Trade in Services in Korea (서비스무역을 포괄하는 대외무역법 개정 방향)

  • Park, Moon-Suh
    • International Commerce and Information Review
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    • v.6 no.1
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    • pp.213-235
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    • 2004
  • As national income of a country increases, people's needs for the services are also increasing. Recently, Korea has been confronted with deficit of service account in BOP, despite surplus of goods account. We can suppose that the reason why service deficit has been occurred continuously is mainly due to the system of Korean Foreign Trade Act which exclude the regulation of trade in services. That is, the Act could not regulate trade in services in Korea. So, Korea could not promote the export strategies for trade in services. This paper focuses on discovering the substitutional strategies for the revision of Foreign Trade Act in Korea. As a result, it was concluded that Foreign Trade Act in Korea should be reestablished fundamentally and also should include the articles related to trade in services and trade in goods simultaneously.

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The Evaluation and Some Problems for System-Transformation of Foreign Trade Law in Korea (전자무역지원을 위한 개정 대외무역법회 내용과 문제점)

  • 한상현
    • The Journal of Information Technology
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    • v.4 no.2
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    • pp.137-154
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    • 2001
  • Years in preparation, the revised law on Foreign Trade Law of Korea came into effect on March 1, 2001, adopted at the Congress on June 17, 2000. The purpose of this Act is to contribute to the growth of the national economy by means of contriving to maintain the balance of international payments and to expand commerce, and through promoting foreign trade and establishing fair trade system. Particular, revised Foreign Trade Law of Korea shall be based on the general provisions on transactions of exports or imports and measures for promotion of electronic Trade. Because electronic trade is not bound by physical geography provides a fundamentally new way of conducting commercial transactions, therefore Korea importers and exporters need to be aware of the character and problems that may occure from what was above-mentioned revised Foreign Trade Law of Korea. In the thesis, i tried to explain and survey the character and evaluation of revised Foreign Trade Law in Korea with particular attention to revised frameworks for electronic commerce on focus legal and commercial problems.

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A Study on the Penalty of the Breach of Country of Origin Labeling in Korea Foreign Trade Act (대외무역법 원산지표시위반 관련 벌칙에 관한 연구)

  • Park, Kwang-So
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.47
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    • pp.379-402
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    • 2010
  • The Korea Foreign Trade Act(KFTA) was revised the penal provisions of the breach of the Country of Origin Labeling(COOL) recently. The ceiling of penalties became to 5 years for imprisonment, one hundred or three hundred million won for fine. The level of penalties are adjudged quite fair but the amount of penalty should be increased according to the profits from the breach or the nature of crime in some cases. The problems of the penalties are differences between KFTA and other related laws. There are related several laws on the breach of the COOL such as KFTA, Unfair Trade related Law, Customs Law, Consumer Protection Law, Law of COOL on Agricultural and Marine products etc. The penal provisions of the breach of the COOL has more heavier level than other the breach because of the criminal qualities. The problems are the penalty differences between the KFTA and the Unfair Trade Law under the Ministry of Knowledge Economy. The KFTA's penal provisions need to equate with Unfair Trade Law as long as same breaches on the COOL. The government can also consider some policies to rigid enforcement of breaches on the COOL. There are the Country of Origin Tracking system, the RoO Paparazzi System, Make public the names of habitual RoO Violators, Correction Order of breach of the COOL etc.

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정부 시책

  • Korea Electrical Manufacturers Association
    • NEWSLETTER 전기공업
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    • no.94-2 s.99
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    • pp.9-28
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    • 1994
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A Study on the China's revised foreign Trade Law (중국(中國) 대외무역법(對外貿易法)의 개정(改定)에 관한 소고(小考))

  • Jo, Jong-Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.27
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    • pp.215-232
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    • 2005
  • China had revised Foreign Trade Law in order to fulfill its WTO commitments and duties, and fully exercise its rights and benefits as a WTO member. The main contents of the revised Foreign Trade Law as followed. For the first time, individuals are allowed to conduct foreign trade. Intellectual property is an important component of foreign trade, and protecting intellectual property rights is a key issue. A chapter on Intellectual property protection is one of the major additions to the Foreign Trade Law. New sections have also been added to allow and provide guidance for conducting investigations and seeking relief. Finally, the new law beefs up and clarifies enforcement procedures. It regulates the setting up of early warning and emergency systems and a foreign trade statistics system.

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A Study on the Improvement of Rules of Origin in the Korea Foreign Trade Act in the Global Trade Circumstances (국제무역환경 변화에 따른 대외무역법 원산지제도의 개선방안에 관한 연구)

  • Park, Kwang-So;Lee, Byung-Mun;Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.41
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    • pp.267-292
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    • 2009
  • It is a right time to improve the Korea Foreign Trade Act(KFTA) as a fundamental law on Rules of Origin(RoO) in the global trade circumstances which are summarized FTA and WTO. The KFTA's RoO constitutes the labelling system of the Country of Origin, the criterion of it, the issuing of certificate of origin and the punishing offender mainly around the importing goods. This study has focused on the problems of KFTA's RoO at the macro and practical level, and proposed the programs to improve the KFTA's RoO about importing, exporting and domestic production goods. KFTA need to create a purpose clause to protect consumers and industries also, and has to be located a general and top position in the RoO of Korea. In the concrete, the labelling system of the Country of Origin has to set limited in the point of minimum necessity view. The criterion of the Country of Origin also has to improve the wholly obtained criterion, the changing in tariff classification criterion, value added criterion and processing operation criterion to harmonize WTO Rules of Origin and FTA Rules of Origin. The punishment ceiling against offender has to raise to guarantee the effectiveness of RoO.

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A study on the system and the law related with a electronic trade in german (독일의 전자무역 시스템 여건 및 전자무역 관련 법규에 관한 연구)

  • Kwon O
    • The Journal of Information Technology
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    • v.6 no.3
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    • pp.11-32
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    • 2003
  • For the internet is spreading out, a trade method and a trade process are chaning. Especially, with the development of an internet, a international trade can be madevia internet and other trade related with businesses can be achived electronically. The electronic trade is expected to dominate the gloval trade. Therefore, a trader needs to study this new method of trade intransaction with German. This paper focuses on the electronic transaction system in German. They participate in the foreign trade which is based on The AuBenwirtschaftsgesetz(AWG) and AuBenwirtschaftsve- rordnung(AWV). Customs are managed by the processing of two methods, The one is a export custom processing, the other is a outward custom processing. This paper also focuses on the law for a electronic trade in German. There are a varity of Law related with a electronic trade in German. For example, there are Das Information und Kommunikationsdienste Gesetz, Teledienstegesetz, Entwurf eines Gesetzes zum Schutz von Zuganskontrolldienste, Teledienstedatenschutzgesetz, Signaturgesetz, Das Strafgessetzbuch, Das Gesetz ber Ordnungswidrigkeit, Das Gesetz ber die Verbreightung jugendgef hrdender Schrifen und Medieninhalt, Entwurf eines Gesetes zur Anpassung der Formvorschrifen des Privatrechts und anderer Vorschrifen aqn den modernnen Rechtsgesch ftsverkehr, Gesetzes zur Modernisieerung des Schuldrechts. Entwurf eines Gesetes zur Anpassung der Formvorschrifen des Privatrechts und anderer Vorschrifen aqn den modernnen Rechtsgesch ftsverkehr, Gesetz ber Urheberrecht und verwandte Schutzrechte, Directive 2000/31/EC of The European Parliament and of The Council, Directive 2002/58/EC of The European Parliament and of The Council, Directive 2002/65/EC of The European Parliament and of The Council etc.

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