• Title/Summary/Keyword: China`s Law

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A Study on the Logistics Strategy for Expansion Export of Cross Border Trade to China (대(對)중국 국경간 전자상거래 수출 확대를 위한 물류전략에 대한 연구)

  • YU, Kwang-Hyun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.74
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    • pp.81-103
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    • 2017
  • The cross-border trade(CBT) market has grown significantly due to the global spread of the Internet and mobile. China has become a very important market because of its share of 78% in 2016 in the export of korea's CBT. To sum up this phenomenon, First, the forms of distribution and trade, in which the O2O method is utilized, are settled. Next, it is necessary to develop a new strategy to expand the stagnant export of Korea. In particular, it is time to look for an effective export expansion strategy to expand market share in the fast-growing Chinese market. For this purpose, this study proposed a strategy for efficient use of logistics as a countermeasure against China's CBT laws and regulations and development of CBT exports to China to develop effective export strategies.

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A Study on Maritime Trade between Korea, China and Japan in the CheongHaeJin of the 9th Century

  • Han, Nak-Hyun;Park, Myong-Sop;Kim, Byung-Jo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.34
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    • pp.109-131
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    • 2007
  • This paper has focusing CheongHaeJin's maritime trading activities between Korea, China and Japan in the 9th century. In operation of CheongHaeJin which Chang BoGo was given a key role, CheongHaeJin creates three nation's wealth in triangular trade among Korea, China and Japan. And also, CheongHaeJin's contribution is considerable to the maritime trade development of Northeast Asia through establishing trading advance base in China and Japan, and organizing Shilla's people in China. Chang BoGo justified the control over small business groups of the west and south sea of Korea and the east and south sea of China by keeping pirates away His trade groups controlled foreign trade of three countries: Shilla, the Dang Dynasty of China and Japan. They connected Persia, India, Southeast Asia, and China. CheongHaeJin's key success factors of the maritime activities are summarized as follows; There is a possibility of searching that successful factor from the people of operator of CheongHaeJin. Based on oceanic adventurous spirit with character and progressive thinking could complete the rally of sea influence and composition of fleets. Secondly, the success factor is the excellent operational ability and leadership which learned in the Dang Dynasty of China. Thirdly, In 9th century, International political context was suitable for CheongHaeJin's construction and operation. Such political circumstances had given to CheongHaeJin remunerative position. Finally, Although central government could not maintain the sea traffic securities, Chang BoGo's ocean trading fleets guaranteed the safe fishing industry of people and security of sea traffic.

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Legal Aspects of Insurance Regarding Space Activities and the Situation in China: an Analysis Based on the New Development of Space Commercialization (空間活動保險法律問題及中國狀況:基於空間商業化最新發展的分析)

  • Nie, Mingyan
    • The Korean Journal of Air & Space Law and Policy
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    • v.32 no.1
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    • pp.385-417
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    • 2017
  • Insurances of space activities are divided into satellite insurance, astronaut insurance and third party liability insurance. Against the background of the rapid development of space commercialization, especially the increasing participation of private entities in space affairs, the present international and domestic mechanisms of space insurance are challenged. As a space-faring state which is in the process of developing space businesses, the regulations of space insurance in China are deserved to be discussed. Satellites insurance is at present well-developed, the "pre-launch", "launch" and "in-orbit" phases of satellites are all possible to be insured by related companies. China created the CAIA in 1997 to provide insurance for Chinese satellites. However, with more private entities start to involve in space as well as satellite industry, the regime established under the framework of CAIA is necessary to be modified, and the mechanism relating to space insurance brokers should be promoted. The astronauts are recognized as the envoy of humankind, and relevant international regulations are made to provide assistance to them in emergency circumstances. From the domestic perspective, astronauts will be fully insured. China creates a particular type of insurance for astronauts. However, once space tourism becomes a business, the insurance of the tourist will be demanded to be created. In order to promote China's space tourism, it is recommended to take the "Astronaut Group Insurance" as an optional model to space tourists, if the tourists are customers of a governmental-owned space company. Once private involvement of providing orbital/suborbital tourism service becomes a reality, new rules are required. Getting a third party liability insurance is deemed as an indispensable precondition for an applicant to get a launch permission. Domestic space laws will include provisions for the third party liability insurance. China's "Interim Measures" of 2002 realizes the importance of third party liability insurance and requires the permit holder to get it before entering the launching site. This regulation is different from the practices of other states. Concerning that China is the sponsor of APSCO, for the purpose of promoting commercial space cooperation, a harmonized approach to domestic law is recommended to be found.

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A Study on Main Problems of Electronic Commerce in China

  • Park, Eun Ok;Shin, Gun Hoon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.56
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    • pp.77-100
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    • 2012
  • China draws lots of attention from many multinational corporations all over the world as one of the biggest market in the world. Due to the huge territory and explosive population, it is considered that China has endless potentiality. Moreover, since China joined the WTO, China opens its market, developing the policies for opening of its market. Based on the enormous purchasing power, China gets another attention in industry of electronic commerce. With the development and expansion of information technologies, China's electronic commerce has rapidly developed. Since the market of electronic commerce in China is in the developing stage, there is still a big market for electronic commerce and also Chinese government has made much effort in order to develop the industry of electronic commerce. However, in spite of these circumstances, the Chinese electronic commerce industry is far behind the developed countries. There could be many reasons for slow development in industry of electronic commerce and the main purpose of this paper is to discuss these reasons. First of all, the current status of electronic commerce industry in China will be analysed, and then, main problems of electronic commerce industry will be discussed in order to find out the reasons why the industry of electronic commerce cannot develop as much as it is anticipated. It is expected that this paper can contribute to understanding electronic commerce industry in China, and it will be helpful for companies which have a plan to extend their businesses in China.

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Assessment of China's Policies Regarding Grain Import and Export

  • Junghwan Choi;Sangseop Lim
    • Journal of the Korea Society of Computer and Information
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    • v.28 no.12
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    • pp.267-279
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    • 2023
  • The objective of this paper is to examine the legal framework governing the import and export of grain in China, a pivotal factor in shaping policies aimed at stabilizing South Korea's foreign trade and grain imports. Through this analysis, it is observed that China's foreign trade system, governed by the Foreign Trade Act, exhibits a notable absence of clear delineation regarding the scope and responsibility for the delegation of authority to foreign trade management agencies. In contrast, Korea's Foreign Trade Law, along with its enforcement decree and management regulations, explicitly outlines the scope and responsibilities pertaining to the delegation of authority to foreign trade management. However, in the case of China's revised Foreign Trade Law, there exists a lack of precision in specifying the delegation of authority to foreign trade management. This creates a potential for discretionary intervention by local governments or other administrative bodies. While China's legal system concerning grain imports and exports aligns with WTO regulations in its institutional framework, attention is warranted due to the vagueness in laws or regulations, as well as the presence of irrational and non-transparent procedures during system operation. As conclusion remarks, while China's legal structure related to grain imports and exports conforms to WTO guidelines overall, the identified issues such as legal ambiguity and non-transparent procedures underscore the need for caution. To safeguard against potential challenges in future trade interactions with China, proactive measures are crucial to address these concerns.

A Study on the Controversial Point of the Jurisdiction from the New Fishery Agreements between South Korea and Japan and between South Korea and China (한.일, 한.중 어업협정의 체결에 따른 해양관할권행사의 문제점에 관한 고찰)

  • 이평현
    • Journal of the Korean Society of Marine Environment & Safety
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    • v.6 no.1
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    • pp.99-109
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    • 2000
  • The United Nations Convention on the Law of the Sea(hereinafter referred as "the Law") adopted in 1982 was enacted on November 16, 1994. South Korea, China, and Japan signed and ratified the Law, respectively. These three countries announced their domestic laws relating to Exclusive Economic Zone(EEZ) with reserving their applications. The enactment of the Law and announcement of EEZ inevitably brought new order on the seas. The New Fishery Agreement based on the Law with EEZ was concluded between South Korea and Japan and ratified by each country′s parliament. Another New Fishery Agreement between South Korea and China is also going to be concluded in near future. The New Fishery Agreements, however, do not include regulations relating to the marine scientific research, the protection of the marine environment, and so forth, which are essential for the States to fully implement the Law According to the New Fishery Agreements, it is impossible for the Coastal States to excercise their jurisdiction. Because the agreement of delimitation ocean boundaries among the three countries are not easy to settle, provisional agreements can only be concluded. Thus, many problems including the sovereignty over Dok-do between South Korea and Japan and delimitation of EEZ between South Korea and China can be arose anytime. This paper investigates the problems and possible counter measures in legal excercise on the seas by South Korean Government. The above mentioned problems introduced by the New Fishery Agreements include potential problems in the Middle Sea Zone, Provisional Zone, and so forth. In this paper, only the legal aspect of the Zones will be discussed excluding the law enforcement and the economic aspect of the Zones.

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A Competitiveness Analysis on Entry in the China Market of Korea Company : Focus on Export Entry (한국기업의 중국시장 진출에 관한 경쟁력 분석 - 수출 진입 방식을 중심으로 -)

  • Lee, Je-Hong
    • International Commerce and Information Review
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    • v.11 no.3
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    • pp.169-189
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    • 2009
  • The China's economy growth by expanded by almost 10 percent in the among ten year ago. Since the Korea and China ware established to 1992, The China has been Korea's most important trading partner. The subject of this study is to review export competitiveness in export entry type in the China's market of Korea company. This article measure the effects on Korea exporter interests of Korea's trade with china. This paper investigates the determinants of export competitiveness in export entry type in the China's market of Korea company. A survey questionnaire was sent to 200 sample in Korea's export company go to on the China market, and 137 usable responses were obtained. The 137 samples are analyzed with export competitiveness. This paper has there main a parts, Multiple regression results show that the export competitiveness are positively affected by the China Information, the China Culture Different, The CEO Mind and the China Trade System. However, The China Market Competitiveness, The China Law. Regime and manager's information do not affect in the export competitiveness.

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Prospects for Building a Legal System for Marine Environment Protection in China (중국의 해양환경법제 분석과 전개방향에 관한 고찰)

  • Yang, Hee-Cheol;Park, Seong-Wook;Park, Su-Jin;Kwon, Suk-Jae
    • Ocean and Polar Research
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    • v.30 no.1
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    • pp.89-107
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    • 2008
  • Marine environment is subject serious destruction because of frequent accidents during exploration of marine resources and overseas transport. Also, as many industrial enterprises discharge high volume of wastes and contamination, marine pollution has become a serious threat to people (especially in China). China is quickly becoming a world economic leader of the 21st century. Rapid industrialization and social changes have raised the standard of living of millions of the Chinese, mainly in the areas of East and South East coast. The process of industrialization, however, is often followed by deterioration of the marine environment and rarely turned around until a country has increased its standard of living. Solving these array of problems will take decades and currently the government is addressing minor specific issues only. Fortunately, the Chinese government has enacted a number of marine pollution control laws. On 25 December 1999, the 13th Session of the Ninth Standing Commettee of the National People's Congress passed the amended the Marine Environment Protection Law of the People's Republic of China. This Law establishes rights and responsibilities of the relevant departments concerning marine environment management and provides for two new chapters on "Marine Environment Supervision" and "Marine Ecological Protection", along with "Supervision of Pollution Prevention for Marine Construction Projects", "Marine Ecological Protection" and "Marine Environment Pollution Prevention for Marine Construction Projects". Also, the Law was amended with provisions for integrated pollution discharge control system and oil spillage emergency response plan and enhanced legal responsibilities. Chinese government recognizes that international and national experience can be useful for China to prevent further ecological degradation of the marine environment.

A Study of the Dispute Between Korea and China on the Safeguard Measure (한(韓).중간(中間) 세이프가드 관련분쟁(關聯紛爭)의 전개(展開)에 따른 우리나라의 대응(對應))

  • Lee, Won-Keun;Chang, Dong-Sik
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.22
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    • pp.255-285
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    • 2004
  • After more than 15 years of negotiations, China was finally able to achieve the WTO membership, opening up new trade opportunities for China as well as existing WTO members. China accepted a special safeguard mechanism as one of its WTO- plus commitments. And in response, Korea has since introduced China special safeguard rules, which in simple terms, allows an invocation of safeguard measures against Chinese product imports under more lapse conditions than would normally be allowed under the existing general safeguard rules. China also introduced new safeguard rules in November 2001 in an effort to increase transparency in its operation of safeguard measures. However, the current article contends that the new rules pose a serious threat to free trade in the form of the retaliation provision, which enables China to take unilateral retaliatory actions against safeguard measures on Chinese product imports, It indicates that the provision could be operated in an arbitrary manner as the US Super 301, and lead to infringements of WTO disciplines. This paper indicates that the foregoing elements could lead to mort trade disputes between Korea China regarding safeguard measures and subsequent retaliations on the hills of the so called the Garlic War. The current article goes on to offer policy recommendations toward deterring such disputes. First, it recommends a more active invocation of Korea's own retaliatory provision against China's unilateral actions at least to gain negotiating leverage. Second, it sites problems involving China's still conspicuous state-trading practices, and proposes to raise issues again China to induce more faithful implementation of WTO disciplines Final, it stresses the importance of preventing disputes before they arise, and suggests several specific preventive measures.

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