• 무역학회지
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• 제45권1호
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• pp.47-64
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• 2020

For the past few years, the Korean government has been consistently expanding its national research & development budget to accelerate economic growth through technology innovation and the enhancement of international competitiveness in global markets. The objective of this paper is to define the concept and analyze the current status of national R&D programs by measuring R&D efficiencies. We determine R&D efficiency by reflecting inputs and outcomes of the five main agricultural R&D programs between 2010 to 2015, and by categorizing and regrouping figures that may affect R&D performance. Among 1,128 targeted projects, 832 projects with patents and thesis were selected for analysis in terms of measuring technology efficiency, pure technology efficiency, and efficiency of scale. Also, the Kruskal-Wallis test was also utilized as well. As a result of empirical analysis, figures that affected the efficiency level of national R&D programs included differences in research resources, research management levels and skills, and research field. This study can be utilized as a reference for re-establishing national agricultural R&D policies, such as enhancement of national technology competitiveness in the global market environment, improving and adapting to new agricultural conditions, market expansion, national agricultural R&D efficiency, aging rural population, agricultural management cost increase, and climate change mitigation.

• 무역학회지
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• 제45권1호
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• pp.83-100
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• 2020

This study aimed to provide the most accurate analysis possible regarding the buyer's duty to examine goods and give notice, or the like, of non-conformity to the seller under Belgian law in comparison with the CISG and CESL. Even though Belgium is the capital of the Europe Union, most of its laws remain untranslated in English. Therefore, this study may offer key insights into the specificities of Belgian law, which while being derived from the French Napoleon Code has its own practices coded into its Case Law. It also makes a comparison with the new CESL and CISG in order to evaluate their respective influence on national law and other infructuous attempts to harmonize Belgian law for the internal European market. Evaluating the differences of each system in the spirit of comparative law may be a good basis for the development of laws in each jurisdiction.

• 무역학회지
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• 제45권1호
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• pp.101-118
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• 2020

This study aims to quantify the effects of non-tariff measures (NTMs) on exports in the Korean manufacturing industry. To do this, we employ product-level export data that includes information about whether or not a product is affected by NTMs. One of the main results is that NTMs (SPS/TBT) on average led to reduction in Korean exports. However, the effects of NTMs differed depending on the income level of the NTM-imposing country. The NTMs imposed by high-income countries, such as U.S.A. and Japan, were found to impede Korean exports, whereas the export effect of NTMs imposed by low-income countries such as China was found to not be statistically significant. In addition, the results analyzed based across industries, income level, and types of NTMs are as follows. First, NTMs imposed on textile-related products generally hindered exports regardless of the type of NTMs, but its negative impact on exports was noticeable in the case of NTMs originating from high-income countries. On the other hand, chemical product-related NTMs were found to lead to an increase in Korean exports, and it had a positive effect in the case of SPS imposed by low-income countries. In other industries except for textile- and chemical-related products, the effects of NTMs on exports were either statistically insignificant or showed inconsistent patterns.

• 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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• 제45권3호
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• pp.71-89
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• 2020

This study was carried out to identify the impact of EU GDPR on international trade amid the ongoing digital trade liberalization. To do this, we first looked at the current trend of digital trade liberalization, the role of data in it, and the trade-restrictive elements of EU GDPR. This allowed us to identify the negative impact of GDPR on free trade. It then conducted an interview survey on Korean companies operating in the EU to verify the conclusions reached. The result of this survey showed that the level of GDPR risk perceived by Korean firms was very low compared with those of American, Japanese and Chinese firms. In particular, the impact of GDPR is not clear for Korea's SMEs. It can be assumed that the reason for this is that Korean SMEs are not using data as a major business tool while the capability of SMEs is sufficient to cope with GDPR. In this regard, the government's appropriate policies and further research for SMEs are needed.

• 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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• 제45권3호
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• pp.147-166
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• 2020

As the volume of trade between Korea and Vietnam increases, the number and amount of commercial disputes between Korean and Vietnamese companies are increasing. In the case of Vietnam, due to differences in the arbitration system and norms due to the socialist state system, foreign companies lack confidence in the settlement of disputes through commercial arbitration in Vietnam. At this point, it is necessary to not only discuss commercial disputes and settlements, but also to closely review and understand Vietnam's commercial dispute settlement system. Therefore, this study examines the current status and characteristics of Vietnam's commercial disputes and analyzes the actual problems of Vietnam Commercial Arbitration System that arise through the arbitral award of the Vietnam International Arbitration Center (VIAC), Vietnam's representative arbitration agency, and precedents on the recognition and enforcement of foreign arbitration awards in Vietnamese courts. In the end, this study seeks to revitalize the Vietnam Commercial Arbitration so that each disputed party may quickly deal with the commercial disputes, and seeks a more smooth solution through commercial arbitration in future trade claims between Korean and Vietnamese companies.

• 무역학회지
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• 제46권2호
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• pp.121-140
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• 2021

The ship recycling or scrap is a phenomenon in the process of vessels life cycle has ended in the shipping industry. Scrap are greatly affected by freight rates due to ship demands. Not only that, environmental regulation and economic scale vessel demand are processes that must exist in the shipping industry as they obtain management for existing vessels. In the past, shipbreaking yard had tried to work without protection for poverty, without poor working conditions and facilities to prevent the emission of harmful substances. However, the issue of environmental pollution has been raised the Basel and Hong Kong Convention have been adopted, and a new replacement of the ship scrap that induces serious pollution is required. In this study, 165 countries were analyzed to confirm the importance of determining the ship solution. As a result of the analysis, it was found that the Environmental Performance Index, which is a measure of environmental regulation, is the most influential factor of ship scrapped volume. The determinant of whether lower labor cost can be secured is more correlated with population than GDP per capita. The implications of the results of the regression analysis mean that if environmental regulations for ship scrap of the future are strengthened, the status of Bangladesh and Pakistan, which currently account for half of the world's ship recycling, may change.

• 융합정보논문지
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• 제11권10호
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• pp.93-100
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• 2021

디지털 무역의 확산으로 글로벌 통상환경 하에서 디지털 무역이 차지하는 비중이 높아지고 있다. 그러나 국제적인 디지털 통상규범이 부재한 상황이므로 새로운 무역규범 정립을 위한 논의는 중요한 의의를 가진다. 세계 각국은 자국의 이익을 고려한 디지털 무역정책을 시행하고 있으나 상이한 규제정책으로 통상갈등을 초래하고 있다. 국경 간 데이터의 자유로운 이동에 따른 개인정보 침해에 대한 안전장치를 마련하기 위해 세계 주요국들은 데이터 지역화 조치를 취하고, EU는 GDPR을 발효하였다. 개인정보가 포함된 데이터의 이전을 제한하는 규제들은 디지털 기업들의 경영활동에 장애요인이 될 수 있다. 그리고 주요국들이 도입한 디지털세에 관하여 미국은 디지털세 부과를 차별적인 조치인 무역장벽으로 간주하고 있으며, 일부 국가들은 자국에 미칠 부정적인 영향을 우려해 디지털세 도입을 반대하고 있다. 그러나 OECD와 G20을 중심으로 이루어진 글로벌 디지털세에 관한 논의가 진전을 보이면서 디지털세 합의안이 연내에 도출될 가능성이 높기 때문에 이에 대한 대응책도 마련해야 하는 상황이다. 그러므로 본 연구는 디지털 무역 규범의 최근 동향을 고찰하고, 디지털 무역의 핵심 쟁점들을 분석함으로써 향후 우리나라 통상정책 방향에 대한 시사점을 제시하였다.

• 한국항해항만학회지
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• 제44권6호
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• pp.524-533
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• 2020

자유무역지역제도는 1970년부터 제조업 중심으로 산업단지형 자유무역지역에서 시행되어 왔으며, 입주기업에게 조세 감면 및 규제 완화 등의 혜택을 제공함으로써 외국인 투자를 유치하고 무역물동량 증가를 창출하는데 큰 역할을 해 왔다. 그러나 산업단지형 자유무역지역의 외국인투자 유치실적이 현저히 떨어지고 있는 실정이다. 한편으로, 항만형 자유무역지역에서는 항만 물동량의 증가로 발전 가능성을 크게 내포하고 있어, 현재까지 제조업 중심으로 시행되어 온 자유무역지역제도의 발전 방향을 점검해 볼 필요가 있다. 본 논문에서는 자유무역지역의 역할과 운영 실태를 파악하고 이에 대한 문제점을 도출하고자 한다. 이를 위해, 항만형 자유무역지역에 특화된 비즈니스 모델을 분석하여 문제점을 파악하고, 물품보관을 목적으로 한 내국 물품의 관세영역으로 재반출에 대한 제도 개선방안을 제시하며, 간이 시뮬레이션을 통하여 개선방안에 대한 효과를 분석하였다. 본 연구에서 제시한 제도 개선으로 자유무역지역을 국제물류허브 및 글로벌배송센터로 이용하고자 하는 외국기업을 유치하는데 매우 중요한 요소로 작용할 것이다.