• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.1-20
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• 2017

The industrial technology (including trade secrets), which is commonly understood as systematic and applied technical knowledge, can be transferred to third parties by contracting for the transfer of technology or by granting of a licence. The activity of industrial espionage, due to the gradual increase of the economic interests of intellectual property, is displaying intensively in order to gain advanced technology information. With our outstanding high technology, but compared to the level of the advanced countries, the technical protection systems, the legal protection measures and the systematic management thereof may still be insufficient. Our industrial technology outflow abroad, due to the vulnerability to the security control system in our country, has been increasing since the 2000. Computer software and SNS, such as smart devices, appear as a rapid change in the technical information environment. In order to minimize the dead zone of a new industrial security, the country's organic activity is being conducted. In 2006, Industrial Technology Outflow Prevention and Protection Law was enacted, which emphasized the responsibilities of the country. In this paper for the economic entity's efforts to prevent technology leakage oversea, I have looked to how the industrial technology can be protected in terms of national security and economic benefits of our enterprises. To solve the above-mentioned problems hereof, Korean government should willingly establish a reliable legal system for supporting to enterprise's operations, and Korean companies should autonomously introduce a synthetic technology protection system and incorporate the confidentiality clauses in an international transfer of technology agreement with third parties.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.1
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• pp.123-129
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• 2020

Intra-industry trade (IIT) has played an important role in international trade of Vietnam as a result of rapid growth of the country. This article investigates the level of IIT between Vietnam and 11 trading partners in Trans-Pacific Partnership (TPP) over the period 2000-2014. Although there have been a large number of empirical researches contributed to the determinants of IIT, most of them only pay attention on developed countries where the trade flows are similar due to similar demand structure and production technology. Until now, there is no study on intra-industry trade between Vietnam and countries in TPP that Vietnam recently signed a trade agreement in early 2016. IIT is measured by the Grubel-Lloyd index. The index shows that the extent of intra-industry trade between Vietnam and the trading countries is not high due to the level of economic development and the market size. The determinants of IIT are examined using a panel regression model. In the empirical analysis, the results indicate that Vietnam's intra-industry trade is positively correlated with country size, while it is negatively correlated with income dissimilarity, the trade openness, and geographical distance. This study contributes to the new theoretical trade theory on the evidence of developing country's IIT.

• Journal of the Korea Fashion and Costume Design Association
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• v.1 no.1
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• pp.157-169
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• 1999

This study has investigated the Horse Culture and the Horse Owner‘s colours(Horse racing silks or Jockey’s costume). The results of this study revealed that the jockey‘s costume of western as well as Korean’s. According to the “International agreement on breeding and racing” in order to avoid too much variation between basic colours, grades of colours and colour combinations, a standard for owner‘s colours and jacket design has been agreed. Racing colours registered before the present agreement will however be allowed. Every horse coming from abroad runs in the registered colours of its owner in the country where the horse is trained. There are unique Korean jockey’s costume, They are going to change jockey‘s costume to Owner’s colours.

• International Commerce and Information Review
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• v.9 no.1
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• pp.313-331
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• 2007

In a rapidly changing environment of international trade, the purpose of this study is to examine economic benefits and losses of each country involved in the negotiation on the Free Trade Agreement (FTA) in Northeast Asia and to prepare strategies for the negotiation in the FTA between Korea and China. Previous researches on FTA have been made mainly from the macroeconomic perspective. The approach in this study is a combination of regulatory, reviewing regulations, and economic making quantitative analysis of the economic effects of FTA, which are the basic background of FTA. In economic analysis, I estimated the macroscopic economic effects of FTA by examining the effects of FTA on the trade balance, GDP and production of focal countries through the Computable General Equilibrium(CGE) model using GTAP data set.

• Journal of Korean Society of Industrial and Systems Engineering
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• v.29 no.3
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• pp.15-24
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• 2006

As Gyoto Agreement, the Climate Change Agreement, has become effective, total weight restriction on waste has started in each country and environment issue becomes one of the most important global issues. Therefore, environmental logistics became important matter, and industries need to establish production system for environmental conscious products and services. In this paper, we compare and analyze environmental conscious logistics activity(ECLA) that affect Carbon Dioxide Discharge(CDD) and packaging waste caused by logistics activity in Korea and Japan. We also propose the optimal alternative to the problem by this comparison and analysis.

• Food Science and Industry
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• v.54 no.4
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• pp.246-259
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• 2021

Various countries established Geographical Indication (GI) system to protect the right and traditionality of their native products. The regulations vary by country but can be divided accordingly: Protection by trademark systems such as in USA, Special Protection for Geographical Indication as in EU, Protection by both schemes as in China and Korea. Within the systems, countries provide diverse schemes such as PDO and PGI in EU depending on the scope of the product. However, GI system in Korea provides one definition which only protects products that express definite tie to its territory of origin, preliminary with the origin of the ingredient. It is necessary for the government and industry to seek ways to revitalize the local economy in the global market and increase the number of GI products by aligning GI systems with foreign countries and support mutual bilateral agreement.

• Journal of Environmental Policy
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• v.2 no.2
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• pp.41-63
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• 2003

CDM(Clean Development Mechanism) project is said to be a mechanism, which profits both the investing country and the host country, while additionally contributing to the reduction of greenhouse gases of the earth as a whole. However in reality, most of the proposed projects do not end up in agreement because of the problems related to differences in recognition between the investing country and the host country of the CDM project. This outlines the background for this research which proposes a new design of institutional arrangements of CDM projects in the Northeast Asian region, mainly Japan, China and Korea. In addition, we investigate the feasibility of the proposed design. The research firstly focuses on the reduction in transaction costs that the participation of Korea will have on a Japan-China CDM project. This paper further emphasizes the potential gains that would materialize if a CDM project involved the whole Northeast Asian region, and not only one country. Our research suggests that an approximate reduction of 23% in transaction costs, and about 4% reduction in the total costs of a CDM project can be expected to follow the Korean participation. In addition to decreasing costs we find that a Korean involvement in a CDM project with Japan will lead to efficiency gains illustrated by a higher increase in the IRR(Internal rate of return) in a Japan-Korea project(11.45% to 12.21%) compared to an IRR incresement of 10.57% to 11.27% for a pure Japanese CDM project. Similar results of a rise in the IRR is found for the whole investment period of 20 years. We can hence conclude that Korean participation in a Japan-China CDM project would improve the implementation possibilities of CDM project in the Northeast Asia region.

• Journal of Arbitration Studies
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• v.15 no.2
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• pp.225-261
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• 2005

Under Article IV of the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), in order to obtain the recognition and enforcement of a foreign arbitral award, a party applying for recognition and enforcement of a foreign arbitral award shall supply (a) the duly authenticated original award or a duly certified copy thereof and (b) the original arbitration agreement or a duly certified copy thereof. In addition, if the arbitral award or arbitration agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language, and the translation shall be certified by an official or sworn translator or by a diplomatic or consular agent. In a case where a Vietnamese company which had obtained a favorable arbitral award in Vietnam applied for recognition and enforcement of a Vietnamese arbitral award before a Korean court, the recent Korean Supreme Court Judgment (Docket No. 2004 Da 20180. 'Judgment') rendered on December 12, 2004 has alleviated the document requirements as follows : The Judgment held that (i) the party applying for recognition andenforcement of a foreign arbitral award does not have to strictly comply with the document requirements when the other party does not dispute the existence and the content of the arbitral award and the arbitration agreement and that (ii) in case the translation submitted to the court does not satisfy the requirement of Article 4, the court does not have to dismiss the case on the ground that the party applying for recognition and enforcement of a foreign arbitral award has failed to comply with the translation requirement under Article 4, and instead may supplement the documents by obtaining an accurate Korean translation from an expert translator at the expense of the party applying for recognition and enforcement of the foreign arbitral award. In this regard, the author fully supports the view of the Judgment. Finally, the Judgment held that, even though the existence of a written arbitration agreement was not disputed at the arbitration, there was no written arbitration agreement between the plaintiff and the defendant and wenton to repeal the judgment of the second instance which admitted the existence of a written arbitration agreement between the parties. In this regard, the author does not share the view of the Judgment. The author believes that considering the trend of alleviating the formality requirement of arbitration agreements under Article 2 of the New York Convention, the Supreme Court could have concluded that there was a written arbitration agreement because the defendant participated in thearbitration proceedings in Vietnam without disputing the formality requirement of the arbitration agreement. Or the Supreme Court should have taken the view that the defendant was no longer permitted to dispute the formality requirement of the arbitration agreement because otherwise it would be clearly against the doctrine of estoppel.

• Journal of Arbitration Studies
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• v.27 no.1
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• pp.131-160
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• 2017

When any investment dispute arises, the investor has to exhaust the local remedies available in the host state, and according to the agreement between the parties, the investor is filed to the ICSID arbitral tribunal to seek arbitral awards. At this time, if the arbitral tribunal decides that the investment agreement has been violated, it normally demands the host state to provide financial compensations to the investor for economic loss. According to the rules of the investment agreement, the host state is supposed to fulfill the arbitral awards voluntarily. If it is unwilling to provide financial compensations according to the arbitral awards, however, the investor may ask the domestic court of the host state for the recognition and enforcement of arbitral awards. In addition, if the host state is unwilling to fulfill arbitral awards on account of state immunity, the investor may ask his own country (state of nationality) for diplomatic protection and urge it to demand the fulfillment of arbitral awards. Effectiveness for pecuniary damages, a means to solve problems arising in the enforcement of investment arbitral awards, is found to be rather ineffective. For such cases, this study suggests an alternative to demand either a restitution of property or a corrections of violated measures subject to arbitral awards.

• Korea Trade Review
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• v.46 no.4
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• pp.113-130
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• 2021

This study aims to analyze the WTO-inconsistent aspects of the single rate presumption of the United States in establishing and imposing anti-dumping duties for non-market economy exporters. By examining the drafting history in the GATT/WTO negotiations and the practice of the single rate presumption for non-market economies by the United States from a comparative perspective, it critically addresses the inherent lack of pertinent disciplines under the framework of the WTO Anti-Dumping Agreement in establishing dumping margins for exporters of non-market economies. The WTO Dispute Settlement Body leaves open the possibility of allowing the investigating authority to consider multiple exporters and the exporting country as a single entity. However, the study argues that it is difficult in practice for the investigating authority to make a single-entity decision in a WTO-consistent manner. The study also finds an incompatibility in the notion between establishing dumping margins for 'individual' exporters and 'non-market economies.' A proper discipline for non-market economies under the multilateral anti-dumping norm needs to be reconsidered in the era of persistent trade conflicts between the United States and China.