• International Commerce and Information Review
• /
• v.14 no.3
• /
• pp.453-479
• /
• 2012

The increase in international trade is clearly reflected by litigation and arbitration. Despite the importance of international commercial transaction, until very recently little was known about how the law interacts with actual practice. The CISG obviously plays an important role, but we are concerned with using choice of law to resolve issue that the CISG leaves unresolved. The case law UPICC is now accessible by means of UNILEX, the database on international case law that focus on CISG cases. The courts and arbitration tribunals throughout the world are developing a growing body of international case law on issues not resolved by the CISG, though arising from transactions to which the CISG applies. The application of the CISG is obligatory due to its nature as hard law an international convention. However, UPICC are only restatements and more flexibility, comprehensive instrument than CISG. This article offers to promote the UPICC application from their present status as a mere soft law instrument through analysing UNILEX cases.

• Journal of Arbitration Studies
• /
• v.29 no.4
• /
• pp.33-55
• /
• 2019

This study is aimed at drawing up improvement measures in connection with the resolution of claims, one of the major constraints in revitalizing South-North Korean economic cooperation. To that end, we first looked at the structure of South-North Korean economic cooperation and the institutional status related to resolving the claims. Also we analyzed the current status of the claims in the process of promoting South-North Korean economic cooperation by companies and the provisions of the claims between the parties in order to derive any problems. Through these research results, we were able to identify directions and implications for efficient improvement of the causes of several South-North Korean economic cooperation claims. First, at the corporate level, there is a need to create specific details of a contract for resolving disputes and to add additional third-party coordination functions in the relevant clause of the contract in preparation for the occurrence of a dispute. In addition, it is necessary to seek ways to advance jointly with corporations in China and other third countries in order to secure stability. Second, the government should continue to discuss ways of promoting South-North Korean commercial arbitration with North Korea so that follow-up measures can be completed as soon as possible. In addition, a two-track strategy is suggested to provide a practical negotiation channel at the private level. Also it is necessary to be active in persuading North Korea to join the international arbitration treaty in preparation for the activation of full-fledged economic exchanges.

• Journal of Agricultural Extension & Community Development
• /
• v.4 no.1
• /
• pp.41-56
• /
• 1997

1970년대 이후 도시 중심의 급속한 공업화 정책을 추진한 결과, 농촌의 저발전 문제에 직면하고 있다. 1980년대 중반부터 이에 대한 대응전략으로서 농공단지 개발을 통한 산업유치, 농산물 가공산업 개발 및 유통체계 개선, 관광농업 개발 등이 논의되어 왔다. 오늘날에 와서는 WTO 체제 하에서 농산물 무역자유화가 보편적인 규범으로 자리잡아 가면서 이러한 변화를 더욱 재촉하고 있다. 이 글의 목적은 농공단지와 관광농원을 중심으로 우리 나라 농산업 발전과정을 고찰하고, 향후 발전 방향을 제시하는 데 있다. 농공단지와 관광농원 육성사업의 특성과 성패요인을 분석하는 데 있어서 이용된 자료는 주로 2차자료이다. 농공단지조성사업의 성과에 대한 많은 논란에도 불구하고, 개량적인 지표는 그것이 농촌지역경제 활성화에 직간접적으로 공헌하였음을 보여준다. 농촌노동력의 66.1%를 고용하고, 이들에게 1인당 월 평균 70만원 이상의 소득을 제공해 주었으며, 서비스업 등 관련산업의 성장에도 영향을 미쳤기 때문이다. 그러나 농공단지조성사업은 많은 문제점도 안고 있다. 농촌지역에 숙련 노동자가 부족하며 직업훈련 기회 및 창업지원 프로그램이 도시지역에 집중되어 있다. 또한 입주 기업이 농산물이나 골재 등 현지 자원을 활용하는 경우가 매우 적은 것으로 나타나고 있다. 이에 대한 대응책으로서 농촌 주민들이 손쉽게 참여할 수 있는 직업훈련 프로그램을 개발하여 제공해야 하며, 경영과 시장정보 분석 등을 기술적으로 지원할 수 있는 효과적인 지도체계를 구축해야 한다. 관광농업은 새롭게 떠오르는 산업이다. 아직 기반이 취약하지만 국가 경제성장과 도시화 진행 추이에 비추어 볼 때 관광농원은 점차 증가할 것으로 전망된다. 하지만 이 산업의 지속적인 발전을 위해서는 정책의 유연성을 확보해야 하고, 농원운영자의 경영능력이 향상되어야 하며, 수요의 계절성을 극복해야 하는 등의 과제를 안고 있다. 또한 공동운영 형태의 농원에 있어서는 참여자들을 효과적으로 조직하고, 토지소유권 분쟁을 해소해야 하는 문제가 있다. 무엇보다도 아직 이 산업의 기반이 취약하다는 전제 위에 점진적이고 지속적인 재정과 기술지원이 요청되고 있다. 다양한 운영 프로그램의 개발과 지역내 네트웍 형태의 연계개발 방식의 채택이 필요하며, 관광농원이나 농어촌휴양지 개발지역에서는 산업개발 및 주거지 개발계획이 관광여건 조성과 총체적으로 연계되어야 할 것이다.

• Journal of the Korea Institute of Information and Communication Engineering
• /
• v.20 no.8
• /
• pp.1596-1606
• /
• 2016

Today the ocean is a treasure trove of the resources that prosperous country and the passage of the trade to lead the world economy. Due to the development of the latest science and technology, human activities are increasingly expanding into the ocean from land. Modern east Asian countries have also recognized the value of the ocean and competitively pursue their own interests at sea. For this reason, the conflict between the East Asian countries is rising. On the other hand, the means of International organizations and maritime security to resolve these issues are very limited. In order to solve this problem, we should reexamine the scope and agenda of the maritime security issues, and re-evaluate the process and results of the various security cooperation which have been implemented. If we solve these problems successfully, the troubled Asian waters will be changed to 'sea of peace and prosperity'.

• Journal of the Korea Institute of Information and Communication Engineering
• /
• v.22 no.9
• /
• pp.1271-1276
• /
• 2018

The CPTPP(Comprehensive and Progressive Agreement for Trans-Pacific Partnership) is a large-scale free trade agreement(FTA) in the Asia-Pacific region involving 11 remaining countries(Japan, Australia, New Zealand, Canada, Mexico, Chile, Peru, Singapore, Vietnam, Malaysia and Brunei) since the withdrawal of the US TPP in January 2017, Although the economic size is smaller than the TPP, the CPTPP has 12.9% of the world GDP and 14.9% of the trade volume, meaning that another mega FTA is born. Local economic experts believe that Vietnam's stable economic growth rate and the CPTPP agreement will have a positive impact on Vietnam's stock market and M&A market in 2018. The experts usually expect it will be come into force in 2018 and not later than 2019. The CPTPP is also very likely to enter into force in 2019 with the aggressive attitude of the member countries, simplifying the entry into force of the agreement.

• The Korean Journal of Applied Statistics
• /
• v.33 no.5
• /
• pp.639-653
• /
• 2020

Baker et al. (Quarterly Journal of Economics, 134, 1593-1636, 2016) developed an Economic Policy Uncertainty (EPU) index for South Korea in the same way as the U.S. EPU Index. However, the South Korean EPU index of Baker et al. (2016) has limitations as it did not fully reflect South Korean situation in terms of keyword selection and the selection of newspapers. We develop monthly South Korean economic policy uncertainty indexes with different keywords and news media. Various analyses have been conducted in order to examine the usefulness of the newly compiled indexes.

• Journal of Arbitration Studies
• /
• v.28 no.4
• /
• pp.89-110
• /
• 2018

The purposes of this study are as follows: First, this study reviews the Online Dispute Resolution (ODR) regulations of the EU to resolve disputes which can arise in international e-commerce in the future. Second, this study tries to seek out alternative solutions to dispute resolutions based on these regulations. Third, this study increases the efficiency of the transactions by proposing effective and satisfactory dispute resolution methods for international e-commerce. First, this study reviews the concept of cross-border e-commerce, generally explores ODR, and creates comparisons with Alternative Dispute Resolution (ADR). Subsequently, this study looks into domestic ODR system and analyzes the regulations of EU ODR. This study suggests the implications of the European ODR regulations in the conclusion. The EU ODR platform is considered greatly significant in that it has increased the possibility of settlements in small disputes by enhancing consumers' accessibility to ADR procedures. Therefore, this thesis proposes a method for Korean companies to resolve disputes that may arise in e-commerce with EU by using the ODR platform. As a result, it is expected to increase the competitiveness of Korean companies in the EU market. Both legislative trends related to the ODR of the EU and establishment of the EU ODR platform have significant implications for Korean businesses in Europe. This study is expected to be useful for our businesses in the EU in reviewing the applicability of the EU ODR regulations and the dispute settlement procedures through the EU ODR platform. In addition, this study is expected to prove useful in relation to consumer protection by enhancing consumers' accessibility to dispute settlement institutions in domestic electronic commerce.

• Asia-Pacific Journal of Business
• /
• v.13 no.2
• /
• pp.183-195
• /
• 2022

Purpose - The study attempted to analyze how the U.S.-China trade dispute affects a highly trade-dependent South Korea. Currently, major domestic and international institutions have issued a number of conflicting predictions that the trade dispute between China and the United States will have a positive and negative impact on South Korea. Accordingly, the present study attempted to analyze using actual data. Design/methodology/approach - The analysis was conducted using actual import and export data from the United States and China and actual import and export data from the United States and China from South Korea. The analysis measured the number and amount of imports and exports by year and month, and the rate of increase and decrease. We also looked at trade dispute days, import and export outcomes and what the impact was. In addition, as a result of the US-China trade dispute, the amount of change in Korea's imports and exports was analyzed. Findings - Empirical analysis shows that South Korea's exports to the United States and China have increased. The analysis results are as follows. First, exports to the United States increased by 5.65% in 2018 and 6.45% in 2019 compared to 2017. Second, exports to China surged 12.34% in 2018 compared to 2017. This increase in South Korea's exports to the United States and its mass exports to the United States shows that South Korea has benefited from the trade dispute between the United States and China. Research implications or Originality - South Korea, which is highly trade-dependent, has been heavily affected by the U.S.-China trade dispute. Various predictions are made about this. The analysis showed that South Korea's export volume has increased. In the end, the effect of the trade transition to the 3rd country did not occur. Rather, the U.S.-China trade dispute appears to have helped South Korea.

• Journal of Arbitration Studies
• /
• v.17 no.2
• /
• pp.167-187
• /
• 2007

As Korea has reached a free trade agreement with the United States of America, it is required to provide an appropriate procedure to ".kr" domain name disputes based on the principles established in the Uniform Domain Name Dispute Resolution Policy(UDRP). Currently, Internet address Dispute Resolution Committee(IDRC) established under Article 16 of the Act on Internet Address Resources provides the dispute resolution proceedings to resolve ".kr" domain name disputes. While the IDRC's proceeding is similar to the UDRP administrative proceeding in procedural aspects, the Domain Name Dispute Mediation Policy that is established by the IDRC and that applies to disputes involving ".kr" domain names is very different from the UDRP for generic Top Level Domain (gTLD) in substantial aspects. Under the Korea-U.S. Free Trade Agreement(KORUS FTA), it is expected that either the Domain Name Dispute Mediation Policy to be amended to adopt the UDRP or the IDRC to examine the Domain Name Dispute Mediation Policy in order to harmonize it with the principles established in the UDRP. It is a common practice of cybersquatters to warehouse a number of domain names without any active use of these domain names after their registration. The Domain Name Dispute Mediation Policy provides that the complainant may request to transfer or delete the registration of the disputed domain name if the registrant registered, holds or uses the disputed domain name in bad faith. This provision lifts the complainant's burden of proof to show the respondent's bad faith because the complainant is only required to prove one of the three bad faiths which are registration in bad faith, holding in bad faith, or use in bad faith. The aforementioned resolution procedure is different from the UDRP regime which requires the complainant, in compliance with paragraph 4(b) of the UDRP, to prove that the disputed domain name has been registered in bad faith and is being used in bad faith. Therefore, the complainant carries heavy burden of proof under the UDRP. The IDRC should deny the complaint if the respondent has legitimate rights or interests in the domain names. Under the UDRP, the complainant must show that the respondent has no rights or legitimate interests in the disputed domain name. The UDRP sets out three illustrative circumstances, any one of which if proved by the respondent, shall be evidence of the respondent's rights to or legitimate interests in the domain name. As the Domain Name Dispute Mediation Policy provides only a general provision regarding the respondent's legitimate rights or interests, the respondent can be placed in a very week foundation to be protected under the Policy. It is therefore recommended for the IDRC to adopt the three UDRP circumstances to guide how the respondent can demonstrate his/her legitimate rights or interests in the disputed domain name. In accordance with the KORUS FTA, the Korean Government is required to provide online publication to a reliable and accurate database of contact information concerning domain name registrants. Cybersquatters often provide inaccurate contact information or willfully conceal their identity to avoid objection by trademark owners. It may cause unnecessary and unwarranted delay of the administrative proceedings. The respondent may loss the opportunity to assert his/her rights or legitimate interests in the domain name due to inability to submit the response effectively and timely. The respondent could breach a registration agreement with a registrar which requires the registrant to submit and update accurate contact information. The respondent who is reluctant to disclose his/her contact information on the Internet citing for privacy rights and protection. This is however debatable as the respondent may use the proxy registration service provided by the registrar to protect the respondent's privacy.

• The Korean Journal of Air & Space Law and Policy
• /
• v.35 no.2
• /
• pp.247-280
• /
• 2020

For customs-free and liberalization on the trade of aircraft parts, the WTO Agreement on Trade in Civil Aircraft was separately concluded as plurilateral trade agreement at the time of launching WTO in 1995, and currently 33 countries including the United States and the EU are acceded but Korea does not. Major details of the Agreement on Trade in Civil Aircraft include product coverage, the elimination of customs duties and other charges, the prohibition of government-directed procurement of civil aircraft, the application of the Agreement on Subsides and Countervailing Measures, and the consultation on issues related to this Agreement and dispute resolution. Article 89 paragraph 6 of the current Customs Act was newly established on December 31, 2018, and the tariff reduction rate for imports of aircraft parts will be reduced in stages from May 2019 and the tariff reduction system will be abolished in 2026. Accordingly, looking at the impact of the Agreement on Trade in Civil Aircraft on the aviation industry, first, as for the impact on the air transport industry, an tariff allotment of the domestic air transport industry is expected to reach about 160 billion won a year from 2026, and upon acceding to the Agreement on Trade in Civil Aircraft, the domestic air transport industry will be able to import aircraft parts at no tariff, so it will not have to pay 3 to 8 percent import duties. Second, as for the impact on the aviation MRO industry, if the tariff reduction system for aircraft parts is phased out or abolished in stages, overseas outsourcing costs in the engine maintenance and parts maintenance are expected to increase, and upon acceding to the Agreement on Trade in Civil Aircraft, the aviation MRO industry will be able to import aircraft parts at no tariff, so it will reduce overseas outsourcing costs. If the author proposes a policy direction for the trade liberalization of aircraft parts to ensure competitiveness of the aviation industry, first, as for the tariff reduction by the use of FTA, in order to be favored with the tariff reduction by the use of FTA, it is necessary to secure the certificate of origin from foreign traders in the United States and the EU, and to revise the provisions of Korea-Singapore and Korea-EU FTA. Second, as for the push of acceding to the Agreement on Trade in Civil Aircraft, it would be resonable to push the acceding to Agreement on Trade in Civil Aircraft for customs-free on the trade of aircraft parts, as the tariff reduction method by the use of FTA has limits. Third, as for the improvement of the tariff reduction system for aircraft parts under the Customs Act, it is expected that there will take a considerable amount of time until the acceding to the Agreement on Trade in Civil Aircraft, so separate improvement measures are needed to continue the tariff reduction system of aircraft parts under Article 89 paragraph 6 of the Customs Act. In conclusion, Korea should accede to the WTO Agreement on Trade in Civil Aircraft to create an environment in which our aviation industry can compete fairly with foreign aviation industries and ensure competitiveness by achieving customs-free and liberalization on the trade of aircraft parts.