• Title/Summary/Keyword: Customs Law

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An Empirical Study on the Determinants of e-Trust in Internet Shopping Mall -Focuse on Comparing Import Agency Service Mall with General Internet Shopping Mall- (인터넷쇼핑몰에서 e-Trust 결정요인에 관한 연구 - 수입대행몰과 일반쇼핑몰 비교를 중심으로 -)

  • Song, Sun-Yok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.43
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    • pp.423-453
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    • 2009
  • Import Agency Service Mall, which provide customers not only with convenient shopping experiences but also with purchasing, warehousing, shipping, and customs clearance services, have been playing a significant role in rapidly transforming Korean consumers into global consumers. The consumers' great demand for foreign goods(services) created Import Agency Service Mall(referred to hereafter as IASM) as a new business model of distribution and consumption, which seems to grow rapidly. Accordingly, this study examined the e-Trust by analyzing the characteristics of IASM, determinants of trust, risk perception and its association with e-Trust in IASM, and finally applying the result to general internet shopping mall(referred to hereafter as GISM). The following results came out from the analysis: First, from the result of checking these two types of internet shopping mall consumers have different determinants of trust. Second, from the question if two types perceive different risk, purchasing the foreign goods, it came out that they showed critical difference in variable relevant to goods delivery and customer service. IASM perceived risk from those two variables more than GISM Third, from the review of the relationships between determinants of trust and risk perception variables, IASM showed interrelation among all the variables except between customer service and perceived risk. Fourth, the researcher examined how the risk perceived in the course of purchasing goods has an effect on consumers e-Trust. In case of IASM, risk perception relevant to customer service had an effect on consumer e-Trust. To the contrary, incase of GISM, risk perception didn't have any effect on e-Trust. Finally, from the review of interrelation between determinants of trust and consumer e-Trust, it came out that for IASM capability had an effect on consumer e-Trust and for GISM consumer service had an effect on consumer e-Trust.

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Incoterms 2000 and Main Principle of Division of Costs (INCOTERMS 2000과 비용부담원칙(費用負擔原則))

  • Park, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.3-26
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    • 2000
  • The International Chamber of Commerce published the millennium edition of its standard trade definitions, Incoterms 2000. Incoterms are a basic reference for sales contracts, in constant daily use throughout the world. The new version will make it easier for traders to do business in the new century, despite the growing volume and complexity of international transactions. Since Incoterms were first published in 1936, they have been updated six times. They precisely define the responsibilities of buyer and seller and are recognized as the international standard by customs authorities and courts in all the main trading nations. It is important for traders to incorporate the correct Incoterms into their international contracts to avoid unnecessary legal problems. Courts may otherwise interpret trade terms according to often widely divergent national laws and unless the use of Incoterms is specified, expensive legal disputes can arise. Division of costs is a most important element in every contract of sale. The parties must know not only who does what but also how costs resulting therefrom should be divided between them. In most cases the fact that a party must do something means that he must also bear the resulting costs, unless otherwise agreed. But there are many exceptions to this principle and uncertainties arise, particularly with respect to services performed by other parties. Also, difficulties arise with respect to the division of costs whenever additional costs are caused by unexpected events, such as hindrances causing a ship to deviate or to remain in a seaport longer than expected. The main principle of the division of costs is clear enough: the seller has to pay costs necessary for the goods to reach the agreed point of delivery, and the buyer has to pay any further costs after that point. But as noted, it is not always easy to implement this principle in practice, since the detailed distribution of functions under the various trade terms is not and cannot be fully defined in Incoterms. Instead, failing precise stipulations in the contract of sale, guidance must be sought from other criteria such as commercial practices used earlier by the same parties or the custom of trade.

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A Study on the Buyer's Remedy resulting from the Breach of Seller's Duty in Contracts for the International Sale of Goods focusing on UNCCIS, 1980 (무역계약(貿易契約)에서의 매도인(賣渡人)의 의무위반(義務違反)에 따른 매수인(買受人)의 구제(救濟)에 관한 연구(硏究) - UNCCIS 1980을 중심(中心)으로 -)

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.5
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    • pp.7-44
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    • 1993
  • This study is focused on the review of buyer's remedy resulting from the breach of seller's duty in contracts for the international sale of goods focusing on UNCCIS, 1980 and the problems and suggestions of proper ideas for solving the problems. First problem on the buyer's remedy is related to the breach of seller's duty on del ivory of the contracted goods. When seller has failed to deliver the contracted goods to buyer within the stipulated periods, buyer can treat the contract as avoided and claim damages from seller. By the way, since UNCCIS does not provide any stipulation on the time of buyer's avoidance of the contract, buyer can delay the time of avoidance when the price of contracted goods is rising rapidly and enlarge the amount of damages, Since this stipulation is clearly unreasonable, proper solutions are required for UNCCIS. Second problem is related to the breach of seller's duty on deliver of goods which are of the quantity, quality and description required by the contract and which are contained or packged in the manner required by the contract. When seller has failed to deliver goods which are confirm with the contract, buyer may have one of the two rights of damages and the price reduction according to UNCCIS provided that he does not choose the avoidance. But, since the character and position of the price reduction as a buyer's remedy are not sufficient solutions, more detailed review on this point is required. Third, Seller's duty to provide documents is very important for overseas trade, but UNCCIS does not provide any specific buyer's remedy in comparison with the other remedy and also does not provide any stipulation on the Letter of Credit which have important roles for a device of setting payment in overseas trade. This means that trade customs and practice have not sufficiently reflected in UNCCIS. As the problems mentioned above may decrease the evaluation of buyer's remedy in UNCCIS and, furthermore, that of UNCCIS itself, proper solutions on these points are needed.

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A Study on the Current Issues and System Improvements of Interior Design-Related Law in Korea (국내 실내디자인분야 관련법의 현황과 제도개선에 관한 연구)

  • Lee, Chang-No
    • Korean Institute of Interior Design Journal
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    • v.22 no.1
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    • pp.211-221
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    • 2013
  • As the result of investigating domestic interior design (interior architecture) field-related laws, it was found that interior design (interior architecture) is not recognized as in independent area due to weak classification standards by Korean standard industrial classification and job classification. Korean standard industrial classification is applied as a standard setting limits to applicable targets and industrial fields for laws related to general administration and industrial policy other than various statistic purposes. Also, the standard industrial classifications regarding the industry field determines the laws or applicable tax rates, government support and such according to the classification, and thus is very important. Moreover, interior architecture field is largely different from general architecture due to specialization and distinct characteristics, but due to the comprehensive concept of architecture industry regulations, it is considered the proper assessment for the professionalism is not conducted. Also, interior architecture field has irrational contradictions that is not independent with a clear definition and industry field classification not only in legal system and trade customs. Therefore, The following is proposed as the plan to strengthen the domestic/international competitiveness and system improvements for interior architecture. (1)interior design (interior architecture) must be amended as an industrial classification that can coexist with architecture. (2)interior design (interior architecture) must be amended as a job classification that can coexist with architecture. (3)Among the design tasks of an architect, approval for the design task field of interior architecture field must be legislated. -In architect design standard contract (the existing architecture design task scope and quality standard table) of a structure, among the tasks by request of the owner, (1)interior design tasks shall be legislated. It should be legislated so that interior design (interior architecture) majors can be included as well. (4)The task field of interior design that coexists with design must be amended. (5)National contract law - among contract method by negotiation, specialty item must be vitalized.

A Study on the Principle of Business Enterprises Accounting (우리나라 기업회계원칙에 관한 고찰)

  • 최달수
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.2 no.2
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    • pp.93-103
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    • 1979
  • As principles of our country's Business Enterprises Account are being developed, Customs of Business Enterprises Account are in the state of change and then Principles of that are in revision. According to systematizing contents of such a principle of Business Enterprises Account, having made an analysis and Investigation from versatile situation, I can deprive of the following conclusions from above facts. 1. The prelude of a general principle involves compulosory character like a forced law rather than a theoretical teaching of original character. 2. Because of making much of supply of account information, To make mistakes, emphasis on function of an information, on the other side, being apt to disregard control function of original account. 3. There is no such a mutual relation as theoretical systematic form among general rule, a profit-and-loss account, balance sheet and drawing principle. These rules which don't form gradual structure are prescribed respectively according to business like necessity. 4. An overall contents of account principle are regarded as principle near financial account rather than the Pivot of administration account. In the future, The whole academic world of account and business practice should become the idealistic account principle with lots of study and effort.

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A Study of the Global Marketing Strategy Being Followed by Making IT of Multinational Corporations (다국적 기업의 IT화에 따른 글로벌 마케팅 전략에 관한 연구)

  • Lee, Kwang-No
    • The Journal of Information Technology
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    • v.5 no.3
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    • pp.169-179
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    • 2002
  • International marketing, which is target market that overseas market is differ from environments and given conditions with a domestic market, is infinite variety shape of market as well as is differ from language, customs, sales habit, structure of market, and system of law, is changing dynamically. It is very difficult to develop, maintain and enlarge this market without practice of efficient sales promotion. But, majority of corporations in a country cannot recognize the importance of this, actually, they had been doing marketing by rule of thumb. So corporations of our country have to pass over simply importing and exporting, they have to promote international marketing strategy with an eye for a long period including technology and sales practice. Ultimately, they have to enlarge range of overseas business in quality and quantity. International marketing which is more advance and progressive sales strategy, has to collect overseas markets information speedily and exactly, and practice more specific marketing mix strategy based on collecting marketing information.

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A Study on International Convention on Oil Pollution Preparedness, Response and Co-operation for Domestic Legislation (유류오염 대비.대응 및 협력에 관한 국제협약의 입법론적 고찰)

  • 황석갑
    • Proceedings of the Korean Institute of Navigation and Port Research Conference
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    • 1998.04a
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    • pp.128-155
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    • 1998
  • Recently , our govermment makes effort to prevent oil pollutin at sea. However, we still remain vulnerable to oil spills near the borders it shares with China, Japan and Russia due to legal and administrative impedements associated with cross-boundary spill response activity. For a reasonalbel domestic implementation of the International Conventions related oil pollution , our government has already accepted several Conventions such as SOLA 74 , MARPOL 73/78, STCW 78, CLC 69 and FC 71 except an International Convention on Oil Pollution Preparedness, Response and Co-operation, 1990. Therefore, this paper explores comprehesive legal structure applicable for future domestic legislation of international preparedness , response and co-operation on the base of the Convention, 1990. And also preliminary legal researches are to be done for earlier acceptance of the Convention, 1990. Consequently it is necessary to prepare natinal contigency plan and bilateral or multilateral agreements for oil pollution preparedness and response with adjacent natinos prior to acceptance of the Convention . In addition , it is also necessary that neighboring nations must take action to facilitate cross-boundary activities by responders providing responder immunity protection and by removing potential impediments to response activities by appropriate law and other requirements such as customs , immigration , and safety training.

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A Study on Analysis and Prevention for Cargo Handling Accidents in Incheon Port (인천항 항만하역 재해분석 및 예방대책에 관한 연구)

  • Nam, Young-Woo;Kim, Young-Min;Lee, Chang-Ho
    • Journal of the Korea Safety Management & Science
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    • v.8 no.3
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    • pp.27-36
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    • 2006
  • The port, differently from general working place, is a closed area to execute security, customs, and quarantine procedures. The loading and unloading is being done differently by cargoes, ships, berths, and equipments. To load and unload a lot of equipments and different types of labor are required, in which work flow is very complicated. As above mentioned the port is very unique and deteriorated working place including danger. The purpose of this thesis is to propose ways to analyze and establish the preventive measure for cargo handling accidents in port. We have collected 923 accidents happened at Incheon Port during the period from 1994 to 2003. And to analyze and establish the preventive measure we have employed an advanced 6sigma DMAIC technology presently in spotlight as the best tool for management innovation. For the purpose of effective safety management of cargo handling in port, this thesis will help to revise and establish the law, system, standard, and standard working manual with respect to the port loading and unloading system. Now frequency of cargo handling accidents in port is highest for the second time among all industries, so we proposed the new safety management system to substitute port safety committee and to take full charge of safety in Ministry of Maritime Affairs and Fisheries.

A Study on the Vietnam's International Commerce Policy and Commercial Cooperation between Korea and Vietnam (베트남의 통상정책과 한·베트남 통상협력에 관한 연구)

  • Kang, Young-Moon
    • Korea Trade Review
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    • v.42 no.2
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    • pp.97-116
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    • 2017
  • This study aims to analyze Vietnam' international commerce policy which is affected Korean's customs policy and fta policy, oda policy to develop diverse commercial cooperation between Korea and Vietnam. commercial cooperation between the two nations accomplished various co-development in vertical specialization of international commerce. Vietnam has exerted intense efforts to ameliorate its commercial environment for becoming WTO member and attracting FDI as next China. Vietnam has become WTO member and Vietnam's system and law relating to international commmerce has been changed for global standard. Vietnam hope to become international commerce leader in ASEAN. so Korea should take diverse efficient measures to assist Vietnam's continuous industrial development and advanced system in international commerce. the two nations should more mutually assist in mega international commerce round negotiation to intensify the two nation's international commerce policy in the international commerce system.

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A Comparative Study on Parallel Import between Korea and China- Focused on Intellectual Property Rights (한국과 중국의 병행수입제도에 관한 비교연구- 지적재산권을 중심으로)

  • Huang, Yi-Qing;Cho, Hyun-Sook
    • International Commerce and Information Review
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    • v.16 no.4
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    • pp.79-102
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    • 2014
  • A parallel importation is a non-counterfeit product imported from another country without the permission of the intellectual property owner. It is caused by price differences between countries. Therefore parallel importation are implication in issues of international trade and intellectual property rights(hereafter referred as IPR). This paper provides parallel importation issues of Korea and China under the IPR laws such as patent, trademarks, copyright and analyzes difference between two countries. In China, patent law regulates exhaustion rights which is based theory of a parallel import for the first time unlike trademark law and copyright law. On the other hands, Korea rules parallel importing under Korean customs regulations. In conclusion, two countries have no provisions that advocate a parallel import under IPR laws. This paper suggests some improvements to overcome the limitation of current regulation system and avoid trade friction between two countries. First of all, two countries should clearly make a rule about parallel import in IPR law such as definition of parallel importation, genuine goods, permission conditions, importing proses, penalty and remedy etc. Secondly, two countries should prohibit an abuse of a exclusive import agent's rights and manage a parallel importer not to cause consumer's complain about goods to expansion parallel imports. Finally, two countries should cooperate not to cause disputes about this issue with a communication channel.

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