• Korea Trade Review
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• v.43 no.3
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• pp.75-100
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• 2018

This study is designed to examine international export control norms, analyze current national export control system and identify the problems thereof, presenting several proposals for development in the system. The Republic of Korea, as a signatory of non-proliferation treaties and multilateral export control regimes, is obligated to comply with the international non-proliferation and export control norms, irregardless of hard or soft laws. Korea's export control system has been implemented in earnest since 2005; however, it contains serious problems in terms of the legal system and objectives of relevant laws and regulations, terms and definitions of the items subject to export controls, catch-all requirements, brokering license, response to the U.S. re-export controls, and so on. Proposals for development in the system include (i) enacting an independent law integrating the current dual-use items export control law and regulations, (ii) making use of the term of "strategic items" as a uniform terminology replacing 'goods etc.', 'strategic goods(inclusive of technology)', 'strategic goods, etc.', 'WMD, etc.' so as to preclude any possibility of misunderstanding, (iii) rewriting the catch-all control requirements, (iv) introducing registration system of brokering firms, (v) including provisions to comply with U.S. reexport controls, and (vi) providing stakeholder with correct and full information on export controls.

• International Commerce and Information Review
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• v.13 no.4
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• pp.297-321
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• 2011

Under the UN Security Council Resolution 1540/1810 in 2004 to restrict the proliferation of WMD (weapons of mass destruction) and their means of delivery, many countries have taken great efforts to, control the export of strategic items, thereby preventing the transfer of ABCM (atomic, biological, chemical weapons, missiles) and technologies and goods related to conventional weapons or dual-use items, Compliance Program (CP) in Korea or Internal Compliance Program(ICP) in Japan refers to a company's internal system or rules to comply with the export control laws and regulations, and is to prevent the unintentional illegal export of strategic items. This paper analyzes the Compliance Program (CP) of strategic export control system between Korea and Japan. Both countries have very similar legal frameworks under the guiding principles of multilateral export control regimes. However, there are some differences in actual procedures, classification service, supporting system, export license, sanctions for illegal exporters, etc. Korea should take more active and customer-oriented measures to promote the Compliance Program (CP) into Korean export companies for better awareness and positive attitude, practical information and education, smoothy government-firm communication, closer cooperation between Korea and Japan, etc.