• Convergence Security Journal
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• v.17 no.4
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• pp.69-78
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• 2017

Since the September 11, 2001, transnational crimes and terrorism have increased, the importance of border security has been emphasized and integrated CIQ capability has been required. The U.S., Canada, and Australia are consolidating CIQ to strengthen border security, focusing on strengthening travelers and goods immigration control and airports, ports and land border security. In 2003, the U.S. established the Customs and Border Protection(CBP) under the Department of Homeland Security. Canada also established the Canada Border Services Agency(CBSA) under the Public Safety Canada in 2003. The Australian Customs and Border Protection Service was integrated with the Department of Immigration and Border Protection(DIBP) and the Australian Border Force was established in 2015. However, Korea operates a distributed border management system for each CIQ task which is unable to respond to complex border threats such as illegal immigration, entry of terrorists, smuggling of drugs, and gun trade in the airports, ports and land borders. In order to solve this problem, it is possible to consider integrating sequentially the customs and quarantine services which have high similarities, and to integrate the entire CIQ tasks with the Korea Customs Service delegated to the immigration control duties in the mid to long term. There is also a plan to benchmark the CIQ single accountability agencies in the U.S., Canada, and Australia in accordance with the Korean situation and to establish a new integrated border security organization.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.151-192
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• 2000

This study has been focused on the revisions and characteristics of the 7 non-maritime trade terms(EXW, FCA, CPT, CIP, DAF, DDU and DDP) in Incoterms 2000. Main characteristics are as follows: First, the use of different expressions intended to convey the same meaning has been avoided and the same expressions as appear CISG have been used. Second, the content of preamble in each trade terms has been shortened and definitedly. Third, if the parties are going to use variants of trade terms in Incotrems 2000, the meanings should be made clear by adding explicit wording in the contract of sale. Main revisions of the 7 trade terms are as belows: First, Incoterms 2000 has emphasized that in EXW, the seller delivers when he places the goods at the disposal of the buyer at the seller's premises or another named place(i.e. works, factory, warehouse, etc.) not cleared for export and not loaded on any collecting vehicle. Second, in FCA, delivery is completed; a) If delivery occurs at the seller's premises, the seller is responsible for loading. b) If delivery occurs at any other place, the seller is not responsible for unloading. Third, in CPT and CIP, all costs and charges relating to the goods whilst in transit until their arrival at the agreed place of destination, unloading costs and all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit through any country are linked with the content under the contract of carriage. Fourth, Incoterms 2000 has emphasized that in DAF, the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport not unloaded, cleared for export, but not cleared for import at the named point and place at the frontier, but before the customs border of the adjoining country. Fifth, Incoterms 2000 has emphasized that in DDU, the seller delivers the goods to the buyer, not cleared for import(in DDP, cleared for import), and not unloaded from any arriving means of transport at the named place of destination. Sixth, if the parties do not intend to deliver the goods across the ship's rail, FCA, CPT and CIP instead of FOB, CFR and CIF should be used.

• Korea Trade Review
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• v.42 no.1
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• pp.69-97
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• 2017

This study purpose to examine the importer's risks that may arise from origin investigation by Customs authorities. We have drawn the important factors affecting the application of FTA preferential tariffs and divided the stages from the conclusion of the contract for the importer to the undergoing origin investigation. In addition, we demonstrate empirically that the risks that arise in areas where importers are difficult to control exist. As a management method of the uncontrollable risk from the importer, we have provided the methods that the seller stipulated the seller's responsibility in the trade contract, prepared for situations in which no one was responsible, and formulated a friendly and cooperative supply chain. Even if the seller's liability is clarified in the contract for sale, the risk of the investigation into the origin of the imported goods is not completely eliminated. This is because, under the current agreement and system, there is no way for the customs authority of the contracting party of the FTA to claim compensation for damages incurred by importers due to breach of agreement such as not returning the result of the origin verification. Importers are subject to customs duties, but there may actually be situations in which no one is responsible for them.

• Journal of Korea Technology Innovation Society
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• v.8 no.spc1
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• pp.391-409
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• 2005

Free trade agreements have fast grown into a global phenomenon and their impact and repercussions are felt more strongly everyday. Korea, joining this large trend of the global economy, is currently pressing ahead with its negotiation rounds for FTA. In this paper, we focus on the e-commerce sector affected by the Korea-Singapore FTA, and the main issues and the future countermeasure directions of e-commerce on FTA has been analyzed. In conclusion, FTA is not an option even though there are still many remaining issues to be discussed regarding its effects. We identified countries excluding themselves from FTA are losing international competitiveness, and moreover, the losing competitiveness will end up more serious problems since the importance of FTA is especially high for e-commerce, as e-commerce accounts for a growing share of international trade. This paper also discusses the far-reaching potential consequences of the content of an international agreement at a government-to-government level on the economy and industry of a country by presenting past examples from. Korea, and recommends that policy-makers should exercise extreme vigilance in their negotiation of terms and conditions for FTA.

• Journal of the Korean Institute of Navigation
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• v.25 no.4
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• pp.477-486
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• 2001

Although the ports are actually competing with various strategies, the definition and structural understanding of port competitive power are not known very much. Therefore this study has launched from this fact, and has the objective of obtaining the structural model of the competitive power, and understanding the components of the port competitive power. The following are the results of the study. First, the process began by abstracting the components that composed the port competitive power through recent research, and grouping it by the most core components using the KJ method. Also, by using the FSM(Fuzzy Structural Modeling) method to understand the structure of the grouped components, and the structural model of the port competitive power was able to obtain as the result. Second, when analyzing the obtained structural model, port expenses, main trunk location, port congestion and port facility came out to be the most important component groups, and especially port expenses was the most effective component that effected all the other components overall. Third, the component groups that were relatively less important, effected by most of the other components, and located on the top level of the structure model were the hinterland accessibility, port ownership, customs duties speed, and large ship port entrance possibility etc. Fourth, the results of this study will be able to be used when establishing competing strategies for our country's ports by proposing the relatively important components with the port competitive rower considered.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.28
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• pp.63-88
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• 2005

Korean government is planning to develop the airport and its surrounding area into a Northeast Hub of Asia. In accordance with the Free Trade Zones Act, Incheon International Airport Corporation is in charge of developing the free trade zone which will be located adjacent to the airport cargo terminals. The free trade zone plays an important part for the promotion of international logistics. So the purpose of this paper is to make research on the activation measures of the airport free trade zone for the building of a hub of international logistics. As for the research, this paper reviews the current regulations of the Free Trade Zones Act. Also this paper analyzes recent plans and reports on the free trade zone by Incheon International Airport Corporation and Korean government authorities. As the results of this paper, it will contribute to the activation of the airport free trade zone, and to building Incheon International Airport into the logistics hub of Northeast Asia, and to the inducement of foreigner's investment in the free trade zone.

• The Journal of Asian Finance, Economics and Business
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• v.7 no.2
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• pp.281-289
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• 2020

This research analyses the challenges facing SMEs in Oman in their quest for internationalization. The study is based on the OECD Model of Internationalization put forward in the report titled "How to Foster the Internationalization of SMEs through the Pacific Alliance Integration Process" which focuses on four factors namely finance, business environment, firm capabilities and market access, which are appropriate for an emerging economy like Oman. This study used a descriptive and quantitative research design in attempting to analyze the challenges being faced by Omani SMEs in their endeavors to internationalize. The research investigates causal relationship between variables using positivist and deductive approach. Data collected from 102 respondents was analysed by Structural Equation Modeling(SEM) using AMOS. It was found that finance availability was the most significant predictor of internationalization challenges followed by market access and business environment, while firm capabilities had no impact. Thus SMEs need easier access to credit and have to develop their international business networks and their marketing capabilities in order to grow internationally. Keeping in mind the contribution made by SMEs the government has to intervene by opening up easy lines of credit to SME exporters and allowing them relaxations in customs and other duties.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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• pp.27-62
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• 2002

The international sale contract is the central contracts in export-import transactions. A good sale contract or set of general conditions of sale will cover all the principal elements of the transaction, so that uncertainties are avoided. The parties' respective duties as concern the payment mechanism, transport contract and insurance responsibilities, inter alia, will all be clearly detailed in the contract. The following key clauses should be included in international contracts of sale and general conditions of sale: ${\bullet}$ preamble ${\bullet}$ identification of parties ${\bullet}$ description of goods ${\bullet}$ price and payment conditions ${\bullet}$ delivery periods and conditions ${\bullet}$ inspection of the goods - obligations and limitations ${\bullet}$ quantity or quality variations in the products delivered ${\bullet}$ reservation of title and passing of property rights ${\bullet}$ transfer of risk - how accomplished ${\bullet}$ seller's warranties and buyer's complaints ${\bullet}$ assignment of rights ${\bullet}$ force majeure clause and hardship clause ${\bullet}$ requirement that amendments and modifications be in writing ${\bullet}$ choice of law ${\bullet}$ choice of dispute resolution mechanism Under most systems of law, a party can be excused from a failure to perform a contract obligation which is caused by the intervention of a totally unforeseeable event, such as the outbreak of war, or an act of God such as an earthquake or hurricane. Under the American commercial code (UCC) the standard for this relief is one of commercial impracticability. In contrast, many civil law jurisdictions apply the term force majeure to this problem. Under CISG, the standard is based on the concept of impediments to performance. Because of the differences between these standards, parties might be well advised to draft their own force majeure, hardship, or excusable delays clause. The ICC publication, "Force Majeure and Hardship" provides a sample force majeure clause which can be incorporated by reference, as well as a hardship clause which must be expressly integrated in the contract. In addition, the ICC Model provides a similar, somewhat more concise formulation of a force majeure clause. When the seller wishes to devise his own excusable delays clause, he will seek to anticipate in its provision such potential difficulties as those related to obtaining government authorisations, changes in customs duties or regulations, drastic fluctuations in labour, materials, energy, or transportation prices, etc.

• Journal of Arbitration Studies
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• v.22 no.1
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• pp.65-88
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• 2012

Even though there are some discrepancies in detail with the legal characteristic of the issuing bank's notice to the beneficiary of opening of the letter of credit, article 25 of "the Korean Private International Act(hereunder, 'KPIA')" can be applied to the legal relation between the issuing bank and the beneficiary or the negotiating bank. According to article 26 of the KPIA, if there is no agreement between the issuing bank and its opponent party as to the governing law issues, a state's law which has the closest relationship with the subject case may be applied. In the latter case, given the facts that the issuing bank plays important roles in every phasis of the sale of goods by the letter of credit, a law of place where the issuing bank's business premises is situated(the $lex$ $situs$) can be the applicable law. Meanwhile, "the Korean Supreme Court(hereunder 'KSC')" held that the beneficiary or the negotiating bank can claim any damages arising due to the refusal or deferred payment of the issuing bank, and the law which governs the above mentioned situation is the same law that is applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank. The main reason of the KSC's ruling is that the nature of the legitimate interest rate which is stated in article 3 of "the Act on Special Cases concerning Expedition etc. of Legal Proceeding(hereunder 'ASCELP')" is substantial matters, not procedural. Taking into account, however, that the main object of ASCELP lies in expedition of legal proceeding, prompt realization of people's rights and duties, and prevention of delayed legal proceeding, it is recommendable that ASCELP, instead of the law applicable to the legal relation between the issuing bank and the beneficiary or the negotiating bank, should be applied to the cases in which the malicious debtor's only and main purpose is delaying the legal proceedings. On the other hand, even if the issuing bank's duty of examination of the documents which were tendered by the beneficiary or the negotiating bank is restricted to the formality and strict conformity of the documents and not the substantiality of the documents, the issuing bank still has to examine the documents with due diligence that is required to the banks whose main business is sales of documents, not the real goods. In this regard, under the circumstances where the document lacked the regularity and/or the formality on its face because of the forgery of the document and where it was expected that an ordinary banker might have easily found any faults with the document, the issuing bank must compensate any parties for damages when it pays money without due diligence as a banker who engaged in the sales of documents.

• International Commerce and Information Review
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• v.8 no.2
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• pp.141-162
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• 2006

This paper focuses on the phenomenon that international payment system is essential as reverse action of delivery or supply of digital goods in global transactions. In order to impose the customs duties on imported goods in global on-line transactions, the imposition of tariff by tracing the payment process when business transaction is occurring is recommended. The purpose of this study is to review the countermeasures for effective tariff imposition system by using the model of the main payment tools in global transactions. Some models reviewed in this paper are as follows : i) a model of withholding taxes at the source by the credit company ii) a model of self declaration by the importer iii)a model of registering by overseas company iv) a model of negotiating after the taxation at the export country This study is different from existing preceding research at the point of view of presenting 4 models and doing appraisal by each model. It should be done more in depth and various study on the model of the tariff imposition system about the models reviewed at this paper. Systematic and reasonable alternatives which are actually adoptable at the system should also be studied and examined carefully. Because it is required that tariff imposition system on the digital goods should be harmonized with that of traditional business in order to obtain effectiveness and rightfulness, and especially, in order to get justness for the imposition a tariff on digital goods, the process of tax imposition should be predictable and be sure to get the fairness by enhancing the equilibrium, impartiality and transparency.