• 월간낙농육우
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• v.26 no.5 s.289
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• pp.104-107
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• 2006

한-미 FTA 대응활동/미국산쇠고기 수입재개 대응활동/ 농지법 개정활동/집유체계 개편관련 논의 동향/식목일 식재행사(우리목장푸르게캠페인) 개최/농업통상정책협의회 참석/축산현안 설명회참석/농업농촌종합대책 점검을 위한 농업인단체장 간담회 참석/남북농민대표자회의 참석/혼합분유 품목분류 세분화 추진/축산환경정책포럼 위원 추천/목장부지 수용관련 건의/축산분쟁 사례조사 결과 보고/황사발생기간 중 관리수칙 준수철저 요청/전남도지회 운영위원회 개최/전북도지회 운영위원회 개최/경남도지회 미국쌀 수입 반대 연대투쟁/2006년도 봄재배용 목초 및 사료작물 종자 정산 중 /2006년도 가을재배용 목초 및 사료작물 종자 도입 추진중/조사료 공급/송아지 지사제 공급/낙농물티슈 "골드링크"공급/배합사료업체 축우담당자 초청간담회 개최

• The Journal of Fisheries Business Administration
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• v.53 no.4
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• pp.51-67
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• 2022

The Korean tariff rate for fishery products is a single tax rate of 10% for live fish and frozen seafood, and 20% for all others. Since FTAs have been concluded with several countries, the tariffs is not an appropriate means to protect domestic fishery producers. The differential tariff rate according to the scientific name (genus) of the fishery products, which was implemented 30 years ago to protect fishery products produced in the Korean coastal waters has lost its original purpose. It seems that future fishery trade policy should focus on IUU prevention, hygiene and safety of consumers rather than protecting fishery producers through customs tariffs. This paper suggest that a paradigm shift in the fishery producers protection policies such as direct financial support from the state, protection and development of fishery resources, and support for fostering the 6th industry rather than indirect protection through tariffs.

• Korea Trade Review
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• v.46 no.6
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• pp.225-238
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• 2021

This study analyzed the recent precedents of the Korean Supreme Court's Royalty and License fee on this issue and presented implications for future taxation of Royalty and License fee and digital content imports related to reproduction rights. If the price related to imported goods and the price not related to them are combined, it is necessary to revise the statutes to supplement the allocation method of royalty and license fee. In addition, if there is an agreement or a back contract for intellectual property rights through the headquarters or branch office other than the trading party, a method of inducing the importer to voluntarily report it when reporting imports should be considered. Whether Royalty and License fee is taxed or not must be determined after examining the various contract details and circumstances of the transaction.

• 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.

• 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.

• International Commerce and Information Review
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• v.13 no.3
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• pp.403-431
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• 2011

The environmental issues including domestic measures to protect public life or health are generally easy to bring the tension between the WTO and its member countries. The standard of review, whether de novo review, total deference, or somewhere in between, is largely important in the WTO's adjudicating mechanism because it is closely related to the appropriate balance of power between sovereign nations and the WTO: The multilateral trading regime, through the proper standard of review, could harmoniously operated without interest conflicts among the member countries and at the same time between the WTO and the member countries. Irrespective the important function of the standard of review in the WTO judicial system, applicable standard of review has not been established in the current SPS Agreement. Furthermore, the nature of the SPS Agreement related in scientific factors, such as scientific experiment, data and assessment prevents the WTO's panel from applying consistent standard of review. Considering the judicial demand for the moderate treatment of the case under the SPS Agreement, this paper explores appropriate standard of review applicable the SPS-related environmental measures, particularly, by analysing the recent SPS-related dispute, US-Hormones Suspension.

• International Commerce and Information Review
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• v.14 no.1
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• pp.221-246
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• 2012

The purpose of this study aims to analyse the case on the violation of the Agreement on WTO-TRIMs in the China with auto parts case. The Agreement on Trade Related Investment Measures(TRIMs) are rules that apply to the domestic regulations, a country applies to foreign investors, often as part of an industrial policy. The agreement was agreed upon by all members of the WTO. The TRIMs Agreement bans any laws, policies or administrative regulations favouring domestic products. This includes government incentives to encourage corporations to use domestically made products as a way of creating or protecting local jobs. The Agreement on TRIMs is only one such restriction within the broader WTO regime. Policies such as local content requirements and trade balancing rules that have traditionally been used to both promote the interests of domestic industries and combat restrictive business practices are now banned. In many ways the Agreement on WTO-TRIMs is less significant than the WTO agreements on services, etc. The TRIMs Agreement does not involve any new rules or disciplines, referring only to the existing provisions under the GATT. However, by enforcing GATT provisions on 'national treatment', this short and simple agreement has had farreaching effects on auto parts, etc. Meanwhile, China has been members of the WTO late 2001, once the measures imposed high-rate tariff for import parts was intended to regulate importer of auto parts in order to avoid the high-rate tariff.

• International Commerce and Information Review
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• v.15 no.4
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• pp.287-311
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• 2013

The arbitration parties may disagree with the arbitrator's award about whether they are eligible for the dispute case. While lots of disputes cases relating to subrogation are arising, it is not easy to find subrogation arbitration system to handle them clearly. The main issue is an availability of subrogation arbitration in case of the dispute which the insurer requests the arbitration against the carrier according to the arbitration clause of Bill of Lading. The direct parties of arbitration clause of the B/L are the carrier and the holder of the B/L. Could the insurer get the position of the arbitration party in stead of the holder of the B/L after compensation if there was an accident of insurance on the way of carriage? Even though there are a few arbitral awards of subrogation, the reason of the eligibility of subrogation arbitration is not enough. This paper scrutinized precedent research papers, arbitration awards, judicial precedents, and the Automobile Subrogation Arbitration System. Vague dispute resolution system which burden corporations with so many costs must be not good for business. In the view of economic efficiency, blank of contract, reciprocality, and Coase Theorem, it is recommended that subrogation arbitration system for the international trade would be better focus on the hypothesis of "Firm Offer Character of Arbitration Clause."

• International Commerce and Information Review
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• v.14 no.2
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• pp.389-409
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• 2012

The Switched Bill of Lading(SBL) has been in frequent use in recent years as intermediary trade increases with the growing number of companies' overseas subsidiaries. Its frequent use, though, has brought about disputes regarding its illegal issue. Although there are several legal cases regarding this, studies on this issue are hard to find. Therefore, this study tries to provide countermeasures and precautions against unlawful issues of SBL through examining the legal cases resulting from illegal issuing practices of SBL. When the Switched Bill of Lading is issued, the shipper, consignee, port of loading and unloading, and shipping date of the original bill of lading are usually changed. Statements which may put the shipper at a disadvantageous position may also be deleted and/or the bill of lading may be either divided or integrated when it is issued. However, if the carrier issues the SBL 1)without withdrawing original BL, 2)indicating the shipping date, port of loading and port of discharge falsely, or 3)deleting the statements which may give him disadvantages, it may be regarded as an illegal issue. These unlawful issues of SBL may pose a huge threat to the shipper, banks and the parties relating to the trade. That is, the shipper may take a substantial loss when the goods can be delivered to a third party by SBL without his collecting the proceeds. The issuing bank and the negotiating bank may also have their security rights to the goods hampered by the illegal and improper issue of SBL. In most cases, the carrier has no choice but to issue the SBL without collecting the original BL for fear of hurting the relationship with the intermediary traders. This practice of issuing more than two sets of BL may pose a potential risk to the carrier.

• The Journal of the Korea Contents Association
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• v.22 no.1
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• pp.292-309
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• 2022

Recently, with the development of interactive communication system, demands for video live streaming service has increased. Live streamers generate revenues from donations, but existing laws are inadequate to handle these donations. Problems arise when minors donate because they have the right of revocation. In the case of donations that request benefits in return, legal characteristics and results are different from unilateral donations. If minors exercise their right of revocation, live streamers must pay back without getting proper compensation for their services. In this paper, we detect the characteristics of bilateral contract in live streaming donation, indicate the harms that live streamers can get, examine precedents and donation processes focusing on cases when minors can not exercise the right of revocation due to deception, and propose revisions that can protect the streamers without invading minors' rights. Through academically identifying ambiguous legal situations and presenting dispute prevention procedures, this paper can bring positive impacts on the online industry.