• Korea Trade Review
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• v.43 no.3
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• pp.199-218
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• 2018

The force majeure in the international sale of goods has been widely used regarding liability and settlement of disputes in the event of breach of contract due to circumstances beyond the control of the parties. The purpose of this study is to examine the judgment criteria and cases concerning on force majeure in the application of FTA preferential tariffs. In order to achieve this purpose, this paper uses a literature review and case analysis on exceptional circumstances under the Korea·ASEAN FTA and the Korea·EU FTA. This study, this paper provides several implications for companies seeking preferential tariffs regarding the Korea·ASEAN FTA and the Korea·EU FTA. Korean companies are subject to the following: confirm the denial article of FTA preferential tariffs stipulated in the Korea·ASEAN FTA and the Korea·EU FTA, consider the judgment criteria on exceptional circumstances of customs authorities, confirm the extension criteria on the validity period of certificate of origin, confirm the reply criteria of verification result of the customs authorities of the exporting country, and confirm the violation of the principle of good faith for unrequested action on reply of verification result of customs authorities.

• 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.41 no.1
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• pp.139-158
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• 2016

In this study, we analyze South Korea and China have already concluded FTA rules of origin. By comparison and analysis of the relevant provisions in the country of origin of signed FTA, we obtained the necessary implications of origin on the FTA negotiations that will be concluded in the future. FTA between Korea and China's opening level is much lower than the already concluded FTA's, and Korea and the ASEAN FTA has already been signed with similar concessions. However, in understanding the rules of origin in China, it is important for us that China is the first trading partner of the trade. Korean companies are well aware of the rules of origin in China, and it should be noted to prevent damage caused due to the rules of origin in the process of expanding trade with the Contracting Parties.

• Journal of Korea Port Economic Association
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• v.29 no.3
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• pp.95-111
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• 2013

The purpose of this study is to draw out the trade effect of the Korea ASEAN FTA by carrying out a panel analysis. For achieving such a purpose, Panel Unit Root, Panel Cointegration Test, Pooled OLS, Hausman Test, Fixed Effect, Random effect are performed. The last 15 years's data over the period of 1997 to 2011 concentrated on the ASEAN countries such as Indonesia, Malaysia, Philippine, Singapore, Thai, Vietnam is used in this study. Major implications are summarized as following. First, our government need to maximize the effect derived from conclusion of FTA(Free Trade Agreement) in order to enhance the competitive edge through obtaining a stable foreign market. Second, it necessary for our government to improve a national system by orienting a FTA conclusion complying with WTO's product and service-related regulation.

• International Commerce and Information Review
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• v.13 no.3
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• pp.143-166
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• 2011

This paper describes the characteristics and outline of rules of origin among Korea and USA, EU, ASEAN. The main focus of this paper is to conduct comparative analysis on rules of origin. Rules of origin are used to determine the country of origin of a product for purposes of international trade. There are two common types of rules of origin depending upon application, the preferential and non-preferential rules of origin Non-preferential rules of origin are used to determine the country of origin for certain purposes. The basis for the non-preferential rules originates from the Kyoto convention which states that if a product is wholly obtained or produced completely within one country the product shall be deemed having origin in that country. For a product which has been produced in more than one country, the product shall be determined to have origin in the country where the last substantial transformation took place. To determine exactly what was the last substantial transformation, three general rules are applied : Change of tariff classification(on any level, though 4-digit level is the most common), Value added-rule.(ad-valorem), and Specific process rule. While criteria of wholly obtained or produced in one country is almost similar to those of theses area and countries, in compliance with value percentages of Substantial Transformation, sufficient working or processing, Korea-US FTA adapts 'Regional Value Content', meanwhile Korea-EU FTA adapts 'Import Content' rule. Finally, Korea-US FTA and ASEAN FTA adapt FOB price for the calculation value added, on the other hand Korea-EU FTA adapts EXW price.

• The Southeast Asian review
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• v.24 no.2
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• pp.1-33
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• 2014

아세안은 한중일과의 무역을 통한 경제적 연계의 심화현상과 최근 글로벌 위기로 인한 경기침체를 고려하여 새로운 경제성장추진을 위해 동북아의 한중일 삼국과의 무역자유화를 적극 추진하고 있다. 이미 ASEAN-중국, ASEAN-일본, ASEAN-한국 양자간 자유무역협정(FTA)이 발효되어 실행되고 있으며, 이들 3개 양자협정을 아우르는 A+3FTA(ASEAN+중국+일본+한국) 논의도 진행중이다. 이에 본 연구는 이들 4개 자유무역협정의 경제적 효과를 분석하여 과연 A+3FTA가 아세안은 물론 동아시아 역내에서 보다 바람직한 통상정책인지를 평가한다. 본 논문의 정성적 평가는 기존의 경제통합의 경제적 효과를 결정하는 이론에 근거하여 참여국의 제반 경제적 현황(경제규모, 소득수준, 경제개발수준, 거래비용, 무역 및 산업구조, 관세율 등)을 통계적으로 비교 분석한다. 한편 정량적 평가는 무역의 경제적 파급효과 분석에 널리 이용되고 있는 연산가능한 일반균형모형(CGE)분석방법을 적용한다. 정태적 효과의 분석을 위해서 GTAP 모형을 이용하며, 이와 더불어 동태적으로 투자를 통한 자본축적을 반영하는 자본축적 CGE 모형분석을 병행한다. 분석결과 후생 및 생산확대 측면에서 아세안의 경우 일본과의 양자간 FTA가 한국이나 중국과의 FTA에 비해 보다 긍정적인 후생증진을 가져올 것으로 기대되며, 아세안과 한중일 모두에게 A+3FTA가 동아시아 역내에서 보다 바람직한 자유무역협정이 될 것으로 평가된다.

• Journal of Arbitration Studies
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• v.30 no.4
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• pp.95-119
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• 2020

Securing a stable supply chain is becoming a significant concern among countries as the global uncertainty rises with the expansion of global protectionism and the result of what the COVID-19 pandemic has brought around the world. This study has investigated dispute cases between customs authority and trade corporations based on the KOREA-ASEAN FTA and suggested the following implications and improvements: Firstly, the extent (varieties) of the proof document on cumulation and its form should be stipulated and provided through consultation between customs from each contracting party. Secondly, it ought to be prescribed as an obligation so that producers located in the third country can cooperate in providing documents for certification of origin. The duty to provide such documentary evidence should also be specified when making EX-IM contracts. Lastly, origin verification provisions regarding cases to which cumulation is applied have to be complemented so that the verification period's extension can be applied and approved. One can expect that the abovementioned responses on cumulation will enhance the availability of KOREA-ASEAN FTA.

• Journal of Korea Port Economic Association
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• v.37 no.4
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• pp.145-160
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• 2021

This study attempted to analyze the trade in goods effect of the Korea-ASEAN FTA by using logistics performance index, which are evaluation indicators of logistics industry workers on the logistics environment and logistics system in international trade. The World Bank's logistics performance index are six indicators: customs clearance, logistics infra, ease of shipment, logistics services, goods tracking abilities, and on-time transportation. The purpose of this study was to examine how it affects commodity trade between Korea and ASEAN states using the gravity model using panel data. Through this, it was confirmed that logistics performance index affect the increase in commodity trade.

• International Commerce and Information Review
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• v.14 no.4
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• pp.459-490
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• 2012

The performance of FTA has a close relationship with the application of FTA by exporting companies. However, most existing literatures focus on the study of policies and economic results of FTA. Moreover, these researches based on a presupposition that exporting companies could make good use of FTA. Actually, these assumptions are clearly contrary to the reality of FTA application of exporting companies in Korea and the results are significantly differ from the performance of FTA. Based on the investigation of utilization of FTA, applied by export companies in Korea, this study tries to find out the most efficient strategies of the application of FTA. And the objective of this study is to propose some practical suggestions for export companies based on the case an alysis which will help them to improve performances of Korea-ASEAN FTA application. As the prior investigation of CEO's characters, application of FTA, and the implement of FTA, we got the fact that among lots of marketing strategies, Korea-ASEAN FTA is used extensively by large export companies. However, most of small and medium-sized export enterprises would like to choose conventional tariff, such as Lower tariffs and zero tariff as the main marketing strategies. In other words, because of lacking of human resources and infrastructure, the application of Korea-ASEAN FTA strategy is hard to achieve.

• Journal of Korea Port Economic Association
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• v.30 no.2
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• pp.133-143
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• 2014

The paper uses a panel gravity model to analyse the determinants of export via Gwangyang port for the period from 2000-2012. The gravity model includes export via Gwangyang port, GDP and population of trading partners, the distances between Korea and its partners, and Korea-ASEAN FTA dummy. Hausman test shows up which one is exactly appropriate between random effect estimation and fixed effect estimation to use panel dataset. It depends on whether or not existence or nonexistence of the correlation between unobserved omitted factors and variables. Fixed effect estimation is suitable for this paper by the rejection of null hypothesis. An Empirical analysis of this paper shows GDP influences positive effects and distance influences negative effects to Gwangyang port trading partners. In addition, the results strongly supported the effects of Korea-ASEAN FTA on the growth of Gwangyang port export.