• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.141-160
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• 2015

With the steady growth of our nation's economy, the purchase power of our domestic citizens has continuously enhanced. In recent years, online overseas shopping has rapidly warmed up, increasing number of Chinese people have started to purchase overseas products via internet. According to China's current legislation, the imported goods are divided into goods and items based on "profitability standard", and regulated by different rules of clearance supervision and import duties. Goods can't pass through custom and pay duties in the form of items, and the import duties burden of goods is generally much heavier than that of items. Goods of entrusted overseas shopping pass through custom and pay duties in the form of items, but goods of profitable purchasing are goods, not items. Therefore, the profitable-purchasing behavior is smuggling. Although goods of unprofitable purchasing are items, unprofitable-purchasing behavior may also constitute smuggling. The author concludes that causes of smuggling crime are: huge market demand for overseas goods, lack of customs supervision, law blank of petty foreign trade, and public's misconception of entrusted overseas purchasing are the major factors. The author proposes the corresponding preventive measures against the crime, such as to establish an one-stop service system in online Shopping Mall, to modify the Passengers' Baggage Declaration Form, to establish a relatively simplified clearance system of small cargo, to establish a relatively reasonable import duties of petty trade.

• Journal of Arbitration Studies
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• v.13 no.2
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• pp.47-68
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• 2004

The problems on application for custody in CIETAC Arbitration Rule are examined in this paper. First, The issue of jurisdiction for application for custody is arisen from the expansion of material jurisdiction of CIETAC. Until 1998, CIETAC had a jurisdiction only for the cases involving foreigners, but now, it has a jurisdiction not only for the cases involving foreigners but also for domestic cases. In the cases of arbitrating disputes involving foreigners, if the parties concerned apply for the preservation of property, CITEAC shall forward the application to and obtain a ruling from an intermediate people's court in the place where the object of the application resides, or where the property is located. But in the cases of arbitrating domestic disputes, if the parties concerned apply for the preservation of property, CITEAC shall forward the application to and obtain a ruling from an ground-level people's court in the place where the object of the application resides, or where the property is located. Therefore, "People's court" in article 23 of CIETAC Arbitration Rule includes both intermediate people's court and ground-level people's court in its meaning. Second, in the cases that the party concerned submits arbitration to CIETAC, it is not permitted for the party to ask the people's court for custody of property before submitting an arbitration. But there still can be the urgent cases that interests of the party concerned are at stake, and legitimate rights and interests of the party concerned may be damaged beyond remedy, if no application for custody of property is filed immediately. In that cases, even if the party may apply for custody of property with the people's court after submitting an arbitration, it might be too late to preserve property. Therefore, Chinese laws and rules have to be revised so that the party may ask the people's court for custody of property before submitting an arbitration. When revising laws and rules, according to the today's legislation trends, it must be considered that court and arbitration tribunal both have a right to decide the custody of property. When arbitration tribunal decides it, the procedural provisions executing it must be provided. It is also required that China permit to apply preservation of evidence as well as custody of property before submitting an arbitration. It is also strongly recommended that China permit custody of property or preservation of evidence even in the cases that an arbitration is submitted to the arbitration institute which is located in foreign country, not in China.

• Journal of the Economic Geographical Society of Korea
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• v.20 no.4
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• pp.431-452
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• 2017

This paper examines the development process of China's venture capital industry and the characteristics of its capital spatial configuration. The results reveal that the development of China's venture capital industry has its unique modality, which varies greatly from existing studies, namely, the desynchronized paces of industry development as well as the regional real capital supply and demand trend. More detailed observation shows the Chinese venture capital's spatial configuration has three main characteristics: first, the separation of the registered location and the actual location of business operation; second, the division and spatial configuration of the venture fund's capital circulation. To find the relevant factors related to the above phenomena, a correlation analysis was conducted between both market factors and non-market factors with the above capital spatial configuration. The analysis confirmed that besides the market factors, local legislative condition also presents a high correlation with the phenomena.

• Journal of Intelligence and Information Systems
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• v.18 no.3
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• pp.137-152
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• 2012

In the generation of Web 2.0, as many users start to make lots of web contents called user created contents by themselves, the World Wide Web is overflowing by countless information. Therefore, it becomes the key to find out meaningful information among lots of resources. Nowadays, the information retrieval is the most important thing throughout the whole field and several types of search services are developed and widely used in various fields to retrieve information that user really wants. Especially, the legal information search is one of the indispensable services in order to provide people with their convenience through searching the law necessary to their present situation as a channel getting knowledge about it. The Office of Legislation in Korea provides the Korean Law Information portal service to search the law information such as legislation, administrative rule, and judicial precedent from 2009, so people can conveniently find information related to the law. However, this service has limitation because the recent technology for search engine basically returns documents depending on whether the query is included in it or not as a search result. Therefore, it is really difficult to retrieve information related the law for general users who are not familiar with legal terms in the search engine using simple matching of keywords in spite of those kinds of efforts of the Office of Legislation in Korea, because there is a huge divergence between everyday words and legal terms which are especially from Chinese words. Generally, people try to access the law information using everyday words, so they have a difficulty to get the result that they exactly want. In this paper, we propose a term mapping methodology between everyday words and legal terms for general users who don't have sufficient background about legal terms, and we develop a search service that can provide the search results of law information from everyday words. This will be able to search the law information accurately without the knowledge of legal terminology. In other words, our research goal is to make a law information search system that general users are able to retrieval the law information with everyday words. First, this paper takes advantage of tags of internet blogs using the concept for collective intelligence to find out the term mapping relationship between everyday words and legal terms. In order to achieve our goal, we collect tags related to an everyday word from web blog posts. Generally, people add a non-hierarchical keyword or term like a synonym, especially called tag, in order to describe, classify, and manage their posts when they make any post in the internet blog. Second, the collected tags are clustered through the cluster analysis method, K-means. Then, we find a mapping relationship between an everyday word and a legal term using our estimation measure to select the fittest one that can match with an everyday word. Selected legal terms are given the definite relationship, and the relations between everyday words and legal terms are described using SKOS that is an ontology to describe the knowledge related to thesauri, classification schemes, taxonomies, and subject-heading. Thus, based on proposed mapping and searching methodologies, our legal information search system finds out a legal term mapped with user query and retrieves law information using a matched legal term, if users try to retrieve law information using an everyday word. Therefore, from our research, users can get exact results even if they do not have the knowledge related to legal terms. As a result of our research, we expect that general users who don't have professional legal background can conveniently and efficiently retrieve the legal information using everyday words.

• Journal of Legislation Research
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• no.44
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• pp.757-799
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• 2013

Ever since Korea and Vietnam reestablished diplomatic relations, the two countries'bond has become stronger than ever, augmenting the range of exchange between them in almost every possible field including politics, economy, society, and culture at such a high speed. Among many, an increase in number of Vietnamese immigrant women in international marriage is worthy of close attention. Since 2010, Vietnamese has topped the proportion of total foreign women married to Korean men, having surpassed Chinese. Nonetheless, the quick international marriage between Korean men and Vietnamese women, which usually happens without sufficient time to get to know about different cultures and languages, has not only raised problems for people concerned, but numerous social issues as well. Recognizing these problems, a number of government departments have provided various support on policies and legal issues toprotect multicultural families as a means of social integration and settlement support. Nevertheless, the support policies until now have been generalizing all of the immigrant women in international marriage as people subject to protection. Thus, considering every immigrant women as people in need, and trying to help them with various social issues have caused the government a high cost and low efficiency. This thesis emphasizes the point that through the cases of Vietnamese immigrant women in international marriage, there should be a specific support plan for specific people in need, reflecting various traits of different cultures and societies, in order to ease their settlement in Korea. Moreover, it suggests detailed plans for improvements on legal and institutional problems. Although the Vietnamese government forbids commercial agents for international marriage, many of agencies are still active and to help the immigrant women, who desire to return and resettle in Vietnam in case of divorce, this thesis suggests legal and institutional remedies for Korean and Vietnamese government. The composition of the thesis follows below: Part II on social and cultural traits of international marriage between Korean men and Vietnamese women. Part III on institutional problems and plans for improvements regarding settlement of immigrant women in international marriage. Part IV on legal and institutional problems and plans for improvements regarding divorced immigrant women and their return to Vietnam. Part V on conclusion. Divorce is not a flaw anymore nowadays, but in case of Vietnamese immigrant women ininternational marriage, an inadequate legal system hampers their resettlement process. Cases of not being ableto remove their own names from the family register due to poor financial and legal abilities are often identified and it is both the Vietnamese and Korean governments'duty to acquit their ethical responsibilities by seeking ways to institutionally and financially support them.

• The Journal of the Institute of Internet, Broadcasting and Communication
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• v.17 no.3
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• pp.9-21
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• 2017

The purpose of this study is to identify the current situation and actual condition of the video security industry, The research method was based on interviews with twelve specialists, and examined the market trends, the problems of the video security industry, the improvement plan and the government promotion strategy. The problem with the domestic video security industry is that there are the decline in overseas exports and the slowdown in exports to China, insufficient measures to overcome certification barriers due to the strengthening of national certification system, domestic demand growth slowed, expansion of domestic market share of Chinese products, lack of high-tech development of domestic products, lack of expertise in technology development and operation and inadequate legislation for revitalizing the video security industry. The improvement plan is as follows. Need to implement export expansion support policy, need to build tailored response system for each country, need improvement of security related demand creation system, take measures such as domestic industrial protection policy, certification barriers and tariff barriers, induce future core technology to create high added value. The government also needs to actively support human resources development, and induce stabilization of relevant laws and institutions. This study will contribute to the development of related industries by suggesting the development direction of the video security industry.

• International Journal of Railway
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• v.1 no.4
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• pp.129-133
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• 2008

Over the last $15{\sim}20$years, many countries have adopted policies of railway privatization to keep up with increasing competition from road and air transport. Although each country and case has its own history, market characteristics, political context as well as administrative process, railway privatizations (including railway restructure, concession etc.) in the west usually are accompanied with the establishment of new regulatory regimes. Therefore, railway governance has been innovating towards an interaction of government, regulator, industry bodies, user groups, trade unions and other interested groups within the regulatory framework. However, it is not the case in China. Although China had seen a partial privatization in some branch lines and is experiencing a much larger-scale privatization by establishing joint-ventures to build and operate high-speed passenger lines and implementing an asset-based securitization program, administrative control still occupies absolutely dominant position in the railway governance in China. Ministry of Railway (MOR) acts as the administrator, operator as well as regulator. There is no national policy that clearly positions railway in the transportation network and clarifies the role of government in railway development. There is also little participation from interested groups in the railway policy making, pricing, service standard or safety matter. Railway in China is solely governed by the mere executive agency. Efficiency-focused economic perspective explanation is far from satisfaction. A wider research perspective from political and social regime is of great potential to better explain and solve the problem. In the west, separation and constrains of power had long been established as a fundamental rule. In addition to internal separation of political power(legislation, execution and jurisdiction), rise of corporation in the 19th century and association revolution in the 20th century greatly fostered the growth of economic and social power. Therefore, political, social and economic organizations cooperate and compete with each other, which leads to a balanced and resonable power structure. While in China, political power, mainly party-controlled administrative power has been keeping a dominated position since the time of plan economy. Although the economic reform promoted the growth of economic power of enterprises, it is still not strong enough to compete with political power. Furthermore, under rigid political control, social organizations usually are affiliated to government, independent social power is still too weak to function. So, duo to the limited and slow reform in political and social regime in China, there is an unbalanced power structure within which political power is dominant, economic power expanding while social power still absent. Totally different power structure in China determines the fundamental institutional environment of her railway privatization and governance. It is expected that the exploration of who act behind railway governance and their acting strength (a power theory) will present us a better picture of railway governance as a relevant transportation mode. The paper first examines the railway governance in China and preliminarily establishes a linkage between railway governance and its fundamental institutional environment, i.e. power structure in a specific country. Secondly, the reason why there is no national policy in China is explored in the view of political power. In China, legislative power is more symbolic while party-controlled administrative power dominates political process and plays a fundamental role in Chinese railway governance. And then, in the part three railway finance reform is analyzed in the view of economic power, esp. the relationship of political power and economic power.

• The Journal of the Convergence on Culture Technology
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• v.9 no.1
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• pp.161-168
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• 2023

Recently, China-Taiwan relations are facing a crisis, and at the same time, the U.S.-China relationship and the structure of Northeast Asia are greatly shaken, so we should pay attention to changes in cross-strait relations. This study aims to predict how cross-strait relations will change after the party convention by analyzing Xi Jinping's Taiwan policy, focusing on the "Political Report" of the 20th party convention and the content analysis of leadership personnel. The results of the study are as follows. First, as the amendment to the party constitution announced after the closing of the party convention stipulates the possibility of armed invasion, Xi Jinping will implement a tough Taiwan policy emphasizing unification. Second, strategic competition with the United States will continue to intensify in the future when analyzing the contents of Chapters 2, 11, 13, and 14 of the "Political Reporting" and the personnel management of diplomatic and security leadership. As a result, cross-strait relations are expected to show instability for a considerable period of time. Third, at a time when Taiwan rejects the unification plan of "one country, two systems" and the tendency to de-Chineseize is strengthening, there is a possibility that legislation or specific enforcement ordinances will be enacted to strengthen the existing "Anti-Secession Law." Fourth, it is expected that strong and warm two-sided strategies will be used together, such as taking a strong response to external forces interfering with the Taiwan issue and Taiwan independence forces, and using incentives for the Kuomintang(KMT) and Taiwanese who are friendly to unification.

• Convergence Security Journal
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• v.23 no.5
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• pp.223-230
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• 2023

The People's Republic of China's influence in the international community is growing in political, economic, military, and diplomatic spheres. The "reform and opening-up" policy proposed and implemented at the 11th Plenary Session of the CPC Central Committee in December 1978 under Deng Xiaoping led to the rapid growth of China's economic and military power. The establishment of the National Defense Mobilization Commission in 1994 during Jiang Zemin's presidency also promoted defense mobilization, and the Standing Committees of the 9th, 10th, and 11th National People's Congresses, held since December 1998, formulated plans for defense mobilization legislation, and the first draft of the Defense Mobilization Law was approved in August 2008. In November 2005, under the leadership of President Hu Jintao, the draft Defense Mobilization Law passed the Standing Committee of the State Council, and in February 2010, the Standing Committee of the National People's Congress passed it after several rounds of deliberation and amendment, and the Defense Mobilization Law has been promulgated and implemented since July 1, 2010. The People's Republic of China is ruled by the one-party dictatorship of the Communist Party of China and the People's Liberation Army, the armed forces of the Communist Party of China. In this paper, it reviews the contents of the Defense Mobilization Law of China, a totalitarian state, analyzes and evaluates the issues.

• The Korean Journal of Archival Studies
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• no.10
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• pp.276-322
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• 2004

Historical interest in China in 1930s has been mostly focused on political characteristic of the National Government(國民政府) which was established by the KMT(中國國民黨) as a result of national unification. It is certain that China had a chance to construct a modern country by the establishment of the very unified revolutionary government. But, it was the time of expanding national crises that threatened the existence of the country such as the Manchurian Incident and the Chinese-Japanese War as well as the chaos of the domestic situation, too. So it has a good reason to examine the characteristic and pattern of the response of the political powers of those days. But, as shown in the recent studies, the manifestation method of political power by the revolutionary regime catches our attention through the understanding of internal operating system. Though this writing started from the fact that the Nationalist Government executed the administrative reform which aimed at "administrative efficiency" in the middle of 1930s, but it put stress on the seriousness of the problem and its solution rather than political background or results. "Committee on Administrative Efficiency(行政效率委員會)", the center of administrative reform movement which was established in 1934, examined the plan to execute the reform through legislation by the Executive Council(行政院) on the basis of the results of relevant studies. They claimed that the construction of a modern country should be performed by not political revolution anymore but by gradual improvement and daily reform, and that the operation of the government should become modern, scientific and efficient. There were many fields of administrative reform subjects, but especially, the field of records and archives adminstration(文書檔案行政) was studied intensively from the initial stage because that subject had already been discussed intensively. They recognized that records and archives were the basic tool of work performance and general activity but an inefficient field in spite of many input staff members, and most of all, archival reform bring about less conflicts than the fields of finance, organization and personnel. When it comes to the field of records adminstration, the key subjects that records should be written simply, the process of record treatment should be clear and the delay of that should be prevented were already presented in a records administrative meeting in 1922. That is, the unified law about record management was not established, so each government organization followed a conventional custom or performed independent improvement. It was through the other records administrative workshop of the Nationalist Government in 1933 when the new trend was appeared as the unified system improvement. They decided to unify the format of official records, to use marker and section, to unify the registration of receipt records and dispatch records and to strengthen the examination of records treatment. But, the method of records treatment was not unified yet, so the key point of records administrative reform was to establish a unified and standard record management system for preventing repetition by simplifying the treatment procedure and for intensive treatment by exclusive organizations. From the foundation of the Republic of China to 1930s, there was not big change in the field of archives administration, and archives management methods were prescribed differently even in the same section as well as same department. Therefore, the point at issue was to centralize scattered management systems that were performed in each section, to establish unified standard about filing and retention period allowance and to improve searching system through classification and proper number allowance. Especially, the problem was that each number system and classification system bring about different result due to dual operation of record registration and archives registration, and that strict management through mutual contrast, searching and application are impossible. Besides, various problems such as filing tools, arrangement method, preservation facilities & equipment, lending service and use method were raised also. In the process this study for the system improvement of records and archives management, they recognized that records and archives are the identical thing and reached to create a successive management method of records and archives called "Records and Archives Chain Management Method(文書檔案連鎖法)" as a potential alternative. Several principles that records and archives management should be performed unitedly in each organization by the general record recipient section and the general archives section under the principle of task centralization, a consistent classification system should be used by classification method decided in advance according to organizational constitution and work functions and an identical number system should be used in the process of record management stage and archive management stage by using a card-type register were established. Though, this "Records and Archives Chain Management Method" was developed to the stage of test application in several organizations, but it was not adopted as a regular system and discontinued. That was because the administrative reform of the Nationalist Government was discontinued by the outbreak of the Chinese-Japanese War. Even though the administrative reform in the middle of 1930s didn't produce practical results but merely an experimentation, it was verified that the reform against tradition and custom conducted by the Nationalist Government that aimed for the construction of a modern country was not only a field of politics, but on the other hand, the weak basis of the government operation became the obstacle to the realization of the political power of the revolutionary regime. Though the subject of records and archives administrative reform was postponed to the future, it should be understood that the consciousness of modern records and archives administration and overall studies began through this examination of administrative reform.