• Korea Trade Review
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• v.42 no.2
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• pp.391-410
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• 2017

This study examines Romalpa clause as an extended or enlarged retention of title clause under SGA. Under a simple retention of title clause, the seller retains title to goods supplied until the goods have been paid. A simple retention of title gives the seller super-priority interest in other creditors of the buyer without registering a charge. Aluminium Industrie Vaassen BV v. Romalpa Aluminium Ltd introduced the concept of 'extended reservation of title(so called 'Romalpa clause') in English law. It is because the Court of Appeal held that under an extended reservation about title clause the seller can trace his title into money which constitutes the proceed of sale by the buyer of goods supplied by the seller. However, since Romalpa case, the courts are reluctant to uphold the seller's extended title. Under Romalpa clause, the seller attempts to extend his protection by laying claims to new products manufactured from his goods or to proceeds of sale by the buyer. Where the seller's goods are lawfully used by the buyer to create new goods, the property in the new goods will generally vest in the buyer. It is because there has been discomfort if the seller gains the windfall profit of the new goods. Moreover, regarding tracing proceeds of sale by the buyer, the courts held that the seller must establish fiduciary relationship with the buyer. If the fiduciary requirement cannot be established, the extended retention of title clause is seen as a charge over the proceeds, and void if not registered. For these reasons, it is difficult that the claims based on the extended retention of title clause would be upheld.

• Korea Trade Review
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• v.41 no.5
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• pp.187-211
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• 2016

This study discusses the right of suspension of performance against anticipatory breach under SGA. Anticipatory breach originated in Hochster v De La Tour allows the innocent party to exercise immediately the right or rights reserved for the non-performance of obligations. But it has not been codified in English Law. Instead, under SGA s. 41 and s. 44, the seller may suspend his performance against the buyer' anticipatory breach. Lien under s. 41 and stoppage in transit under s. 44 are given only to the seller in a narrowly-defined situation. Under SGA s. 41, the unpaid seller is entitled to retain possession of goods where the buyer becomes insolvent. But under SGA s. 43, the unpaid seller loses the right of lien when he delivers goods to a carrier or other bailee or custodian for the purpose of transmission to the buyer without reserving the right of disposal, or when the buyer or his agent lawfully obtains possession of the goods, or by waiver of lien. Under SGA s. 44, the unpaid seller may exercise the right of stoppage in transit if the buyer becomes insolvent, despite the fact that the property of goods has passed or a bill of lading has been transferred to the buyer. But, under s. 45, the right of stoppage in transit is ended when the buyer or his agent takes delivery of goods. And where the buyer transfers a bill of lading to a sub-buyer, the unpaid seller loses his right to stop goods in transit.

• Korea Trade Review
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• v.42 no.4
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• pp.159-184
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• 2017

OECD MNE Guidelines ('OECD Guidelines') was set forth in 1976 as a form of annex to the OECD Declaration on International Investment and Multinational Enterprises. The objective of the OECD Guidelines is to fulfill the implementation and adoption of the Responsible Business Conduct ('RBC') among the adhering states. To further the effectiveness of the OECD Guidelines, OECD, specifically the Investment Committee of OECD, has utilized National Contact Point ('NCP') structure. According to the Procedural Guidance annexed to the OECD Guidelines, peer learning is prescribed as an important tool for promoting and facilitating the implementation procedures of the OECD Guidelines. This paper, inter alia, is mainly focusing on the peer review mechanism applicable to NCPs because negative assessments by peers are likely to harm Korea's state image and entail international criticisms even though such reviews are conducted voluntarily. In addition, the Working Party on Responsible Business Conduct ('WPRBC') decided to have a peer review of Korean NCP in 2019. This paper first outlines the meaning and current applications of the peer review mechanism, and then analyzes specific peer review cases conducted in Denmark and Belgium in 2015, and in 2016, respectively. Lastly, based on the issues handled in the peer review reports on the above states, this paper makes a few recommendations for Korean government to prepare the peer review scheduled in 2019.

• Journal of Korea Port Economic Association
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• v.38 no.1
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• pp.87-100
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• 2022

This study analyzed overseas market performance factors, focusing on the use of smart logistics platforms by companies entering overseas markets. Research design, data, methodology : Nine hypotheses were established among four potential variables, including the use of a smart logistics platform. An empirical analysis was carried out targeting 175 companies entering the overseas market, and hypothesis testing was performed using a structural equation model. As a result of the analysis, it was possible to confirm the mediating effect of the use of the smart logistics platform, and the effect of the supply chain orientation and the logistics service network was confirmed. In this study, it was confirmed that the use of a smart logistics platform mediates the effect of supply chain orientation on the logistics service network. In this regard, it was pointed out that it is necessary to increase the ability to utilize the smart logistics platform.

• Korea Trade Review
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• v.43 no.1
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• pp.153-176
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• 2018

Since entering into force on June 1st, 2007, the Korea·ASEAN FTA has had great strategic importance as it represents a massive export market for Korea. For more than 10 years since its implementation, the trade in both goods and services have greatly increased, and ASEAN has become the second largest export market for Korea. However, Korea's FTA utilization rate for exports is approximately 46%, which is far lower than the average rate of 72% for all FTAs, despite several revisions. In this study, we investigate the problems causing this low rate of FTA utilization for export by analyzing import clearance disputes faced by the counterpart. Our recommended countermeasures for such disputes are : Since form requirements for C/O (certificate of origin) are important considerations for ASEAN countries, C/O needs to be written accurately. Understanding of the administrative system and regulative procedures of ASEAN countries is also necessary. Accurate HS code of importing countries must be obtained. Korean government authorities should make diplomatic effort to ease the import clearance procedures in counterpart countries and contact customs offices to facilitate communication.

• Korea Trade Review
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• v.43 no.2
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• pp.107-125
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• 2018

The purpose of this study is to analyze the effects of FTA information learning in export SMEs. Therefore, this study has constructed an integrated model including the moderating effects of FTA information learning on the of export performance in SME. The relationship between SMEs' localization strategy, product innovation capacity, and FTA information learning was linked to export performance, and an empirical analysis was conducted on 195 export SMEs. The path analysis was performed using the structural equation model(SEM), and six hypotheses including the control effect were tested. As a result, the localization strategy of SMEs positively influenced product innovation capacity. On the other hand, FTA information learning did not show significant results. Product innovation capacity and FTA information learning as an antecedents showed significant results in terms of export performance. In the moderated effects analysis, the moderated effect between the localization strategy and FTA information learning did not show significant effect on the product innovation capacity. Whereas the moderated effect between the product innovation capacity and the FTA information learning significant influence on the export performance of SMEs.

• Korea Trade Review
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• v.47 no.5
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• pp.273-288
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• 2022

This study first classifies and organizes provisions on institutional arrangements (or IAs) and dispute settlement mechanism(or DSM) in a digital trade agreement. Then it conducts a case study on seven major digital trade agreements: the CPTPP, the USJDTA, the USMCA, the ASDEA, the RCEP, the KSDPA, and the DEPA. And it finally derives implications for Korea to improve implementation of DTAs by communicating better and resolving disputes efficiently with the help of IAs and DSM-related provisions. IAs of a digital trade agreement can be defined as a set of agreements on the division of the respective responsibilities of agencies involved in implementing and enforcing the agreement, including committees, working groups, or contact points. DSM of a digital trade agreement includes consultation, mediation, arbitration, and establishment of a panel. Comparing six FTAs with an e-commerce chapter, the CPTPP, the USMCA, and the RCEP contain the most advanced type of IA provisions while the CPTPP, the USMCA, the RCEP, and the KSDPA have that of DSM provisions. Korea is its initial stage as it has only signed the KSDPA with Singapore as well as it is about to launch a new digital trade negotiation for the DEPA, the CPTPP, and even the IPEF, it is necessary to engage in negotiations with a clearer position on behalf of Korean digital companies. As provisions on IAs and DSM are important policy tools that can reflect industry concerns and convey proposals in inter-governmental dialogue, a Korean draft of the IAs and DSM-related provision should be prepared in advance.

• Korea Trade Review
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• v.46 no.3
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• pp.185-201
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• 2021

This paper analyzes the penalty tax system under the Customs Act of Korea and examines whether the penalty tax provision violate the constitutional principle of proportionality when imposed on a person who does not made import declaration intentionally or travelers who has not been made an import declaration of their carry-on items. It examines the provisions that adopt a penalty tax as a means to secure the effectiveness of the customs law. In relation to penalty tax, the case studies of the Supreme Court and Constitutional Court of Korea are analyzed by major issues such as the legal nature of the penalty tax, whether the penalty tax is unconstitutional, and the reasons for exemption from the penalty tax. There is no reasonable basis for the high penalty tax imposed on travelers' carry-on items for which import declaration has not been made. It is necessary to unify the penalty tax imposed when an import declaration is not made and the penalty tax on traveler's carry-on items. It is necessary to establish a limit on penalty tax and to create new regulations to exempt or reduce penalty tax when punished by administrative punishment to avoid double jeopardy. It is necessary to effectively secure the effectiveness of the Customs Act by converting the penalty tax into civil penalty that does not presuppose the faithful and accurate performance of tax obligations by the taxpayer. The government revised the penalty tax system in the Customs Act in 2019, but there are still many types of penalty tax and there are elements that are unconstitutional. It seems that the Korean government should lower the burden on the people by improving the system for the penalty tax system.

• 한국디지털정책학회:학술대회논문집
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• 2005.06a
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• pp.505-516
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• 2005

According to Mead's (1934) symbolic interaction theory, social roles are learned through interaction and experiences in everyday life. Over time, these rules of behavior become internalized and serve to structure one's actions accordingly. Ultimately, these rules provide us with a powerful means of controlling our actions, and in time, they define our identity. Transforming the socialization process is one's conscious interpretation of stimuli through the use of symbols. Furthermore, society's perceptual processes can be shaped by the symbols we learn. The meaning of symbols can be learned from a variety of social influences, one of which may be mediated messages and advertising. This paper attempts to establish a link between media exposure and one's perception of social reality regarding character judgments made of unknown others based on the target's product or brand usage. Using magazine advertisements for fictitious products, the experiment herein seeks to establish two fundamental goals: 1) to determine if perceptions can be manipulated via association with companion symbolic elements: and 2) to detect whether television exposure is a moderating factor. Respondents were asked their perceptions of both product quality and of product users.

• Korea Trade Review
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• v.48 no.4
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• pp.189-208
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• 2023

This paper analyzed the dynamic conditional correlation between the Korean ETS market, energy market and stock market. This paper conducted an empirical analysis using daily data of Korea's carbon credit trading price, WTI crude oil futures price, and KOSPI index from February 2, 2015 to December 30, 2021. First, the volatility of the three markets was analyzed using the GARCH model, and then the dynamic conditional correlations between the three markets were studied using the bivariate DCC-GARCH model. The research results are as follows. First, it was found that the Korean ETS market has a higher rate of return and higher investment risk than the stock market. Second, the yield volatility of the Korean ETS market was found to be most affected by external shocks and least affected by the volatility information of the market itself. Third, the correlation between the Korean ETS market and the stock market was stronger than that of the WTI crude oil futures market. This paper analyzed the correlation between the Korean ETS market, energy market, and stock market and confirmed that the level of financialization in the Korean ETS market is quite low.