• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2014.10a
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• pp.363-365
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• 2014

Internet baking, e-commerce, business processing, etc on smartphone handing could be possible in present days. Ambiguity between cyber and real life has made vulnerability on infrastructure, Gov't Service and National security by cyber terrorism. Especially, Lots of Infrastructure and Gov't Service based on Information Technology were exposed by Cyber terror. Legal system should be improved to keep from these threats. This paper proposed needs of cyber legal system by analyzing proposed cyber related code on Korean National Assembly, issue on Cyber Control Tower, National Cyber Security Industry and Human resource.

• International Commerce and Information Review
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• v.13 no.4
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• pp.51-79
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• 2011

Korea has accomplished the establishment of the National Single Window for Paperless Trade. Since 1991, it has developed Trade Automation Service System based on EDI technology. In 2003, Korean government and private sectors jointly began to set up National Paperless Trade Service( e-Trade Service) as one of the e-government projects. In 2008, they commenced the uTradeHub Service which was equipped with Internet based e-B/L and e-Nego service systems for the first time in the world To facilitate the service Korea amended its e-Trade facilitation Act and Law by 2007. At the end of 2011, Korea historically recorded its trade volume of 1 trillion US dollars and joined '$1 trillion trade club' as the 9the member country since the country had started international trade less than five decades ago. A rolling out of the e-B/L and e-Nego service will 'ally reduce the transaction costs of trading businesses and accelerate the activation e-trade services. The purposes of the study are to examine 'e-B/L Korea' service and its facilitation strategies as well as identify obstacles to utilize the 'e-B/L Korea' service. The paper reviewed and analyzed Korea's Paperless trade system and distinctive characteristics of the 'e-B/L Korea Service. Parts of the fOWld distinctive characteristics of the Korea's e-B/L service are as follows; It is well equiped with IT and legal system. It also has more that 30,000 potential users who are already uTradeHub service users. The paper indicated several weaknesses of the current system such as global KPI issues, circulation of the electronic documents not only in the domestic market but also among economies, development of the electronic Bill of Exchange. As resolution measures, the paper recommended the introduction of mutual recognition system of PKI among trade partner counties, setting up e-trade solution for small and medium companies, and special attention to raise users' awareness of the e-B/L service.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.133-158
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• 2010

Independent guarantee is a creation of the need from the both sides, i.e. the applicant (principal debtor) and the beneficiary (creditor). The former used to have to deposit cash in favor of the beneficiary in case of his default, which laid a burden on his liquidity while the latter still wanted to have the equivalent to cash. Independent guarantee satisfied the both parties by freeing the applicant of a deposit and maintaining the beneficiary's right at the same time. The fact that independent guarantee has three payment mechanisms is not widely known to the public. They are (i) payment on first demand, (ii) payment upon submission of third-party documents, (iii) payment upon submission of an arbitral or court decision. From the applicant's point of view, the order in his favor is (iii), followed by (ii) and (i). As there shouldn't be a case where one party is at a disadvantage against the other, useful insight is being sought for the benefit of the applicant. First, the applicant can offer his intention to provide a payment mechanism (ii) or (iii) rather than (i) if he must deliver it. Second, if the beneficiary still wants to have (i) and the applicant is in a position not to reject it, the latter should thoroughly check any provisions that may work against him later. Third, the applicant could use counterbalancing provisions in underlying contract to cope with protective clauses in the guarantees. Forth, the applicant should review the beneficiary's sincerity to prevent unfair calling risks. The applicant may use an ECA(Export Credit Agency) in his country to which he can transfer not only unfair calling risks, but also political risks. On the other hand, a bank needs to keep the following advice in mind. The foremost important thing for the bank not to forget is that it provides a guarantee as a service provider, not as a responsible party for the feasibility of the project, etc. Credit risk of the applicant should require the greatest attention when issuing a guarantee: the bank should look into the possibility that it can procure immediate reimbursement from its customers after payment to the beneficiary. Second, the applicant's ability to complete the project should be reviewed by checking its track records, techniques and reputation, etc. Third, the bank may also use an ECA to cover the beneficiary's unfair calling risks as well as political risks. In the case of Korea, as Korea Export Insurance Corporation(KEIC) can cover all the risks mentioned above, the bank could use its service called 'Export Bond Insurance.' What's better for the bank is that ECA cover can enhance the bank's asset quality by putting it zero on its risk weighted asset.

• Journal of Digital Convergence
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• v.9 no.6
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• pp.81-90
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• 2011

Companies using internet as a kind of marketing means are increasing rapidly according to the expansion trend of e-commerce through internet and consumers also use internet as the common means of purchasing necessary articles. E-commerce using internet has advantages without limitation to temporal and spatial accessibility and general consumers and unspecified individuals also use internet to purchase their goods as well as general transactions such as advertisement, contract, payment and claim settlement. 'In the age of information, invasion of personal information resulted from the development of information and communication technology is one of the greatest problems all the countries in the world face. Therefore, Personal information protection Act is one of basic laws to protect personal information and rights and it is also an essential law in the age of information. In that sense, new Personal information protection Act is the advanced act containing various items to minimize the national damages from the leaking of private information and protect right to informational self-determination in the information society. It is expected that this legislation contributes to reduce the leaking of private information, enhance the level of privacy protection and develop privacy related industries. However, active participation of all members of our society and improvement of their recognition should be preceded for the rational and legal use of private information and the settlement of its protection culture. While the purpose of Personal information protection Act can protect privacy from collection, leaking, misuse and abuse of private information and enhance national interests and protect personal dignity and value, it also must perform the roles of balancing privacy protection with liberal information flow.

• The Korean Journal of Air & Space Law and Policy
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• v.30 no.2
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• pp.177-199
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• 2015

Commerce enriches human life enriched and within commerce, transportation of cargo is arguably the most important in business transactions. Traditionally, marine transport has been major commercial transaction, but carriage cargo by air is on the increase. While the fare for freight in comparison with that of ocean is higher, air freight has many benefits that justify the higher shipping fee; lower insurance premium, packing charges, inventory control, cost management and especially speed. Therefore, air freight transport is accumulating gradually. An air waybill(AWB) is needed in the air transport flow. It is a nonnegotiable security, so the holder cannot transfer of a right to a third party. Some scholars suggest that a negotiable AWB is needed. However, it seems nearly impossible to do so; an e-AWB use shows a gain in numbers, even if it has not met expectations. Going forward, it would appear reasonable to conduct a follow-up study on the utility and legal problem for e-AWB. After sending goods, the consignor has the right of disposition of cargo in some cases, and more research is necessary, because it is related to change of ownership and a trade settlement. According to WATS (World Airlines Transport Statistics), the Korean Air took third place in international freight in 2014, and fifth in total, domestic and international to great acclaim. However, there is a lack of research supporting the business showing. It is hope that more studies on e-AWB, stoppage in transit, and a risk of outstanding amount, etc. connect to develop Korean air freight industry.

• Journal of Arbitration Studies
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• v.10 no.1
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• pp.3-25
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• 2000

At its thirty-second session in 1999, the UNCITRAL had before it the requested note entitled "Possible future work in the area of international commercial arbitration." After concluding the discussion on its future work in the area of international commercial arbitration, it was agreed that the priority items for the working group should be conciliation, requirement of written form for the arbitration and enforceability of interim measures of protection. the Commission entrusted the work to the Working Group on Arbitration which held its thirty-second session at Vienna from 20 to 31 March 2000. The Working Group discussed agenda item 3 on the basis of the report of Secretary General entitled "Possible uniform rules on certain issues concerning settlement of commercial disputes : conciliation, interim measures of protection, written form for arbitration agreement." At its thirty-three session in 2000, the UNCITRAL had before it the report of Secretary General on agenda item 3 discussed by the Working Group. The Working Group discussed the issues relating to certain aspects of conciliation proceedings ; (1) Admissibility of certain evidence in subsequent judicial or arbitral proceedings ; (2) Role of conciliatior in arbitration or court proceedings ; (3) Enforceability of settlement agreements reached in conciliation proceedings ; (4) Other possible items for harmonized treatment : a) Admissibility or desirability of conciliation by arbitrators b) Effect of an agreement to conciliate on judicial or arbitral proceedings c) Effect of conciliation on the running of limitation period d) Communication between the conciliator and parties ; disclosure of information e) Role of conciliator. It was generally considered that decisions as to the form of the text to be prepared should be made at a later stage when the substance of prepared solutions would become clearer. However, it was noted that model legislative provisions seemed to be appropriate form for a number of matters proposed to be discussed in the area conciliation. There was general support in the Working Group for the proposition to perpare a legislative regime governing the enforcement of interim measures of protection ordered by arbitral tribunals. It was generally considered that legislative regime should apply to enforcement of interim measures issued in arbitration taking place in State where enforcement was sought as well as outside that State. It was generally observed that there was a need for provisions which conformed to current practice in international trade with regard to requirements of written form for arbitration agreement. The view was adopted by the Working Group that the objective of ensuring a uniform interpretation of the form requirement that responded to the needs of international trade could be achieved by : preparing a model legislative provision clarifying, for avoidance of doubt, the scope of article 7(2) of the UNCITRAL Model Law on International Commercial Arbitration : and adopting a declaration, resolution or statement addressing the interpretation of the New York Convention that would reflect a broad understanding of the form requirement. There was general agreement in the Working Group that, in order to promote the use of electronic commerce for international trade and leave the parties free to agree to the use of arbitration in the electronic commerce sphere, article II(2) of the New York Convention should be interpreted to cover the use of electronic means of communication as defined un article 2 of the Model Law on Electronic Commerce and that it required no amendment to do that. The UNCITRAL may wish to consider to the desirability of preparing uniform provisions on any of those issues concerning conciliation and arbitration proceedings, possibly indicating whether future work should be towards a legislative text or non-legislative text.

• Journal of Digital Convergence
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• v.12 no.10
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• pp.61-71
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• 2014

Global commerce is apparently here to bind Korean firms as well as Koreans. The advertising, buying and selling of goods and services recognizes no borders. As a result, enforcing territorially based trademark rights has become ever more challenging. Remote trademark owners who peacefully coexisted in a time before the internet and increasing globalism are now bumping heads. The internet also has made it easier for unscrupulous operators to deceive consumers and divert customers from established businesses by misappropriating trademarks on web-sites and in domain names. U.S. federal courts have been willing to help American businesses halt trademark infringements that reaches outside the United States. This is particularly true for e-business, via the internet, and the trend toward enforcement seems to be in favor of the trademark owner. This article discusses this trend as well as the extraterritorial enforcement of trademark rights by U.S. courts under the Lanham Act. It also offers suggestions for protecting valuable trademark rights worldwide. This paper will contribute to global Korean firms and Koreans who carefully read arguments in this valuable literature.

• The Korean Journal of Air & Space Law and Policy
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• v.17
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• pp.55-89
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• 2003

What are the international aviation regimes? It is said that they are sets of principles, norms, rules, and decision-making procedures of international aviation around which aviation actors' (states-actors, intergovernmental aviation organization, international aviation conventions, airlines and their organizations etc.) expectations converge in a given aviation issue-area for the purposes of the human welfare and the operations of the stable civil aviation. In this regards, the purposes of this study are focused on the aviation actors' shifts. Chronologically, international aviation regimes have been developed by some stages as followings; The 1st stage is the period from 1944 Chicago Convention to 1978 US Deregulation Act, when the aviation regulations and rules within the international aviation relations were implemented by Chicago-Bermuda regimes as Christer Jonsson pointed out. In this first stage, the sovereignty for the airspace over their countries is absolute. The second stage is the period from 1978 to '1992 Open Skies Agreement' between US and Netherlands. In this regime, airlines' activities as well as state-actors' have been actuated. The third stage is the period from 1992 to the contemporary. In this stage, airlines' activities for the consumers such as 'Open Skies Agreements', 'e-commerce business', 'airspace open policy within EU area', 'service open policy of WTO', and 'airlines' strategic alliance' are the central focal points in the world aviation relationship. In the conclusion, this phenomenon of the core actors in the international aviation rules has been shifted from the states-actors to the non-states actors especially, operating airlines, or consuming customers. Finally, I' d like to suggest that international aviation regimes should be developed to promote and facilitate the globalized level for the people's movements among the global aviation society. That is the way to proceed to the welfare and peace for all human beings of the World.

• Spatial Information Research
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• v.21 no.6
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• pp.69-80
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• 2013

Our country has made every efforts to develop Real Estate Transaction culture with emphasis on Licensed Realtors by introducing Real Estate Transaction Law in 1983. Also, MOLIT(Ministry of Land, Infrastructure and Transport) designated several organizations including KAR(Korea Association of Realtors) as Real Estate Transaction Information Network Licensees for data credibility enhancement and transaction transparency. Nevertheless, the level of law abiding spirit and transaction culture are still similar to those of the old 'Bokdeokbang' era. The under-developed transaction behaviors prevent the social capital of people's credibility on Licensed Realtors from advancing, and results in the outcomes of unnecessary social cost. That is, very low credibility on the data on Sales Items in the market and the fear of speculative real estate price uprise and market distortions are continuing on. In this context, the purpose of this study is to propose the model of GIS-based Modernized Real Estate Transaction System and its execution policies to support credible Real Estate Information to the general public for efficient transactions in the market. Accordingly, the study aims at contributing to the modernization of Real Estate Transactions, fostering competitiveness of Realtors in the Real Estate Market.

• Journal of Digital Convergence
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• v.8 no.2
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• pp.147-160
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• 2010

Internet shopping mall business has taken its place as a major form of e-commerce and is evolving constantly. At the same time, disputes of various kinds are also arising in proportion to the evolution. A typical example is when a consumer purchased a product from an internet shopping mall and the seller wants to cancel or withdraw the sales contract saying that he miswrote the price or other important information when posting the product on the internet. It's about the error on the seller's part. Civil Law Chapter 109, legal principles on errors, appears to assume the case of natural declaration of intention. It was observed that legal principles on errors defined by the Civil Law are also applied in internet shopping malls, where declaration of intention is made electronically. In transactions involving internet shopping malls, where the seller's indication and advertisement constitutes an inducement to offer, the seller may cancel a contract concluded by the consumer's offer and the seller's acceptance if the seller finds errors on his part, and adequacy of the cancellation should be judged depending on specific cases. That is, the judgment of the important ground that comprises prerequisites for cancellation and presence of negligence may depend on how much difference there is between the normal price and the posted price on a specific case. Also, considering the cases where negligence was not perceived on the seller's miswriting of the price, the seller may cancel the transaction in a similar situation.