• 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.19 no.3
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• pp.215-235
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• 2017

The United Nations Convention on Contract for the International Sale of Goods(CISG) is legislated for unified of international sale of goods, but does not cover all concerns related to that. Arilce 4 provides the exclusions of CISG. These exclusions might be govern by a domestic law. This paper analyses what are excluding under CISG Article 4, and then provides the Korean and Chinese domestic regulations related to them. At first, whether some issues are excluding based on the interpretation of CISG Article 4 depends on the agreement of parties concerned. An issue that a national law applies even might be invalid if it does not follow the general principles of CISG. In Conclusion, CISG does not cover the validity of the contract and the property in the goods sold under CISG Article 4. a company who trades with Chines company should understand the differences of both countries' regulations about the validity of the contract and the effect of property transfer and be careful to decide a govern law to avoid unnecessary disputes about these issues even though their contract is govern by CISG.

• The Journal of Korean Medicine
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• v.18 no.2
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• pp.366-373
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• 1997

Recently the endangered species of wild fauna and flora used in TCM have been held under a spotlight by CITES-implementing countries. USA and other western countries have suspected Oriental countries might not keep the regulation of CITES effectively for the continuous use of endangered species such as tiger bone, rhino horn, bear gallbladder and others. However, most of Oriental countries have tried to keep CITES truly. The misunderstanding of culture and thought in Oriental countries can be one of important factors. Thus, for effective implementation of CITES, we have to keep communication with western countries especially in the principles of TCM or others and vice versa. In addition, TCM using countries and counterpart countries should prevent illegal trade of endangered species in TCM and also fry to develop natural or synthesized substitutes for endangered species. We have to continue to develop methods to artificially propagate endangered species, while trying to alleviate the ethical problems entailed by breeding in captivity. In south Korea we also have to make known our implementation of CITES such as reinforced law for prohibition of using CITES items, public awareness by training program, brochure and surveys to other countries.

• Journal of Arbitration Studies
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• v.20 no.2
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• pp.131-149
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• 2010

Since the Arbitration Law of China took effect in 1995, arbitration has grown with the economy. At the end of 2009, there were 202 arbitration institutions in China. Among them, China International Economic and Trade Arbitration Commission(CIETAC) has adopted online arbitration and has settled internet domain name disputes since 2001. CIETAC Domain Name Dispute Resolution Center(DNDRC) has accumulated abundant experiences of online arbitration in the field of domain name disputes. Based on those experiences, on 1 May 2009, CIETAC implemented the CIETAC Online Arbitration Rules(Rules') to regulate the resolution of e-business disputes as well as other business disputes. With this background, this article aims to study the status quo, practices and issues of online arbitration conducted by CIETAC. For the purpose of the article, a general picture of online arbitration is outlined first, followed by introducing the steps of the online arbitration procedure. According to the 'Rules', the entire arbitration process is conducted using online communication methods which are cost-effective and efficient. To facilitate the development of online arbitration, legal barriers need to be removed. This article considers main legal issues of online arbitration in China and proposes amendment to Chinese Arbitration Law, in particular, the recognition of the validity of electronic arbitration agreements and awards.

• Journal of Korea Trade
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• v.24 no.6
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• pp.101-114
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• 2020

Purpose - This paper examines the "Arrangement Concerning Mutual Assistance in Court-ordered Interim Measures in Aid of Arbitral Proceedings by the Courts of the Mainland and of the Hong Kong Special Administrative Region" (the Arrangement), which became effective on October 1, 2019, calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings. Because the Hong Kong courts have granted interim measures in aid of arbitral proceedings seated in and outside of Hong Kong even prior to the Arrangement becoming effective, this paper focuses on the significance of the Arrangement making Hong Kong the first and only seat outside of mainland China from which parties to arbitral proceedings may successfully obtain interim measures to preserve of assets, properties, and/or evidence from Chinese courts to be enforced in China. Design/methodology - The significance of interim measures in international arbitration and the existing circumstances of interim measures in support of international arbitral proceedings in mainland China and Hong Kong are discussed first in this paper. Due to the confidential nature of arbitral proceedings, while the details of applications for interim measures pursuant to the Arrangement cannot be discussed, in examining the implications of the Arrangement, the relevant and necessary information was made available from the Hong Kong International Arbitration Centre, as it is one of the six qualified arbitral institutions under the Arrangement. Findings - This groundbreaking Arrangement provides a mechanism for parties with China-related matters to more effectively resolve their disputes, the opportunity for Hong Kong to become an unparalleled seat of arbitration, and for mainland China to overcome some of its negative perceptions in international arbitration. Because the Arrangement also allows parties to directly apply for interim measures from mainland Chinese courts, parties with China-related matters should take note of this potential bypassing of the procedural hurdle, which usually requires an arbitral institution to submit such applications in China, and make strategic decisions accordingly as may be appropriate. Originality/value - Because the Arrangement is a recent yet a significant agreement calling on courts of mainland China and Hong Kong for reciprocal commitment in support of court-ordered interim measures in aid of arbitral proceedings, this study will provide useful guidance for parties with China-related matters all over the world, especially in light of China's rapid economic growth and extensive and prominent trade relationships in today's world. Parties who foresee the need for interim measures from mainland Chinese courts should designate Hong Kong as their seat of arbitration and select one of the six qualified arbitral institutions under the Arrangement to administer their arbitral proceedings in order to benefit from the Arrangement.

• Journal of Arbitration Studies
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• v.15 no.2
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• pp.93-123
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• 2005

As the international commercial transaction has drastically grown up with the mainland China, commercial disputes that are required to settle through ADR have tremendously increased during the last decade. Since China has not been fully exposed to the Free World for a long period of time, there would have been a great amount of misunderstanding about their competency and integrity to deal with internationally oriented commercial transactions with a view to internationally acceptable manner. This arbitration case was related to the contract in dispute of C&A Inc. as the importer v. China XX Importation Co. as the exporter for the sale of Silicon Metal. But after the contract were formed, exporter(respondent) declined to deliver the goods under the contracts because the market price of Silicon Metal increased according to the argument of the importer(claimant). Importer had to purchase alternative goods from other companies to substitute for the goods subject to the contracts in dispute. Importer purchased silicon metal of the same quality as under the contracts from two other Chinese companies as the necessary measure to mitigate the loss, paying prices higher than the contract price. Since exporter had breached the contracts, importer's loss should be compensated by the exporter as the Arbitration Tribunal decided for supporting importer's claim of loss for the substitute goods. This study is aiming at analyzing the rationale of the arbitral awards made by the Shanghai Commission in terms of (l)Place of Arbitration, (2)Applicable Law, (3)Validity of the Contracts, (4)Doctrine of Frustration, (5)Responsibility for the Mitigation of Damage by the Importer.

• Journal of Distribution Science
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• v.14 no.1
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• pp.59-66
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• 2016

Purpose - The purpose of this study is to find out how shipping company recognizes making partnership with the third party logistics provider and to give implication. Research design, data and methodology - Personal interview and questionnaire by E-mail, Fax, Mail, and telephone were used. 700 copies of the questionnaires were distributed and 155 copied were returned. Among collected questionnaires, 20 copies were excluded because of insufficient content, and therefore 135 copies were used. Results - Korea should change into new paradigm from old one based on current economic and social systems which has stemmed from bureaucracy, inflexibility chauvinism and equalitarianism. Flexible policies, administration and systems will be needed for better business practices. The Domestic logistics corporation needs to preoccupy strategic logistics hub and network. Conclusions - To be a center of North East Logistics, Korea needs more reasonable business law, systems and policies. Social norms and orders should be established to accomplish political and social security. A paradigm of the policy ruling over development of capital city and satellite cities shall make change.

• Journal of Contemporary Eastern Asia
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• v.9 no.1
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• pp.23-41
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• 2010

In political science there is broad interest in whether a newly established democracy succeeds in overcoming the perils of democratisation and matures into a consolidated democracy or regresses to authoritarianism. Taiwan was under martial law for almost four decades. Democratic consolidation, therefore, is primarily a question of how to overcome the legacies of the former authoritarian regime. Nationalism and dysfunctional political institutions are some of the legacies that limit Taiwan's democratic development. The study of these destructive elements is important in the attempt to interpret Taiwan's most recent political history and to formulate effective democracy-building policies. In the following, I would like to address the aforementioned legacies and their implications for Taiwan's current and future democratic development.

• Journal of Arbitration Studies
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• v.14 no.2
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• pp.135-172
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• 2004

While doing business in China foreign companies occasionally find themselves embroiled in disputes with Chinese individuals, companies or the Chinese Government. There are three primary ways to resolve a commercial dispute in China are negotiation, arbitration and litigation. The best way of dispute resolution is negotiation as it is the least expensive method and the working relationship of both parties concerned in dispute. But negotiations do not always give rise to resolution. Arbitration is the next choice. Unless the parties concerned can agree to resort to arbitration after the dispute has arisen, the underlying contract namely, sales contract or separate agreement must show that disputes will be resolved by arbitration. Agreements to arbitration specify arbitration body and governing law. There are two Chinese government -sponsored arbitration bodies for handling cases involving at least one foreign party: China International Economic and Trade Arbitration Commission(CIETAC) and China Maritime Arbitration Commission(CMAC) for maritime disputes. Contracts regarding foreign companies doing business in China often designate CIETAC arbitration. CIETAC distinguishes between two kinds of dispute resolutions, foreign-related arbitration and domestic arbitration. For a dispute to be classified as foreign-related arbitration, one of the companies must be a foreign entity without a major production facility or investment in China. CIETAC has published rules which govern the selection of a panel if the contract does not specify how the choice of arbitration will be handled. CIETAC's list of arbitrators for foreign-related disputes, from which CIETAC's arbitrators must en chosen, includes may non-Chines arbitrators. But many foreign experts believe that some aspects of CIETAC needs to be improved. The purpose of this paper is to improve the understanding of arbitration in China, CIETAC by way of studying the current situation and improvement of international commercial arbitration in China.

• Journal of the Korea Society of Computer and Information
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• v.28 no.4
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• pp.121-131
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• 2023

The Chinese three northeastern three provinces - Heilongjiang, Liaoning, and Jilin - hold significant geographical, geopolitical, and commercial importance due to their location allowing for cross-border trade and transportation with North Korea. These provinces are crucial for establishing a complex Eurasian logistics network in line with South Korea's new northern policy. The Chinese three northeastern three provinces, as this region is known, boasts excellent maritime transportation links between South Korea, China, and North Korea, making it an logistics hub for transporting goods to Eurasia and Europe through multimodal transport. This study highlights the importance of securing a logistics hub area by fostering cooperation and friendly relations with China's three northeastern three provinces, which are crucial to the success of the New Northern Policy. In particular, the study aims to analyze current status of trade with these region and freight volume transported by ships and recommend political advice for securing logistics hub and revitalizing maritime transport. As the policy suggestion, this study is to establish a logistics hub by implementing joint port operations, constructing port infrastructure jointly, and operating shipping companies together. Additionally, we propose ways to revitalize the maritime passenger transport business between Korea and China, which involves expanding cultural exchanges and developing content.