• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.33
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• pp.277-308
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• 2007

Northeast Asia Nations introduced each single window system for simplifying the customs clearance procedures in order to prevent the rekeying the customs and trade-related data. A single window is a means for enabling users to complete all the necessary import/export procedures in a single input and by single transmission by linking the related system. WCO recommends CDM, UCR, ACI that completed by WCO's own projects for assist to establish the single window for customs clearance. Northeast Asia Nations such as Korea, China, Taiwan, Japan undertook trade process reengineering for introducing single window for customs clearance. Korea and Japan introduced a e-customs systems as a good single window system. The purpose of this paper is to contribute to construction of the efficient single window system for customs clearance by studying e-customs cases in Northeast Asia Nations.

• The Journal of Information Technology
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• v.7 no.1
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• pp.23-41
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• 2004

It is estimated that electronic commerce facilitates international trade and lower transaction cost and help firms make the best of the opportunities of market access. The comprehensive programs had been implemented to provide better electronic commerce environments by international organizations such as OECD, UNCITRAL, APEC, ICC and etc. Especially, WTO plays the most important role to implement efficient forms and rules on electronic commerce after Doha Ministerial Conference. Member countries recognize the need to conduct the electronic commerce in compliance with the principles and rules of WTO. However, there are many issues to be solved such as the clarifications of concepts and definitions, the possibility of adaptation of technological neutrality in GATS, the imposition of taxation in electronic commerce transactions and the methods of protecting copying as well as trademark. The Implementation of concrete forms and rules of electronic commerce in the WTO will be influential to international trade as the member countries have to adapt them in their transactions. Considering that further discussion will be continued in GATS, we need to analyze the problems and strategies for electronic commerce. As there are not concrete international laws for e-commerce, the existing laws must be revised and changed and each country need to present the enactment direction of e-commerce law to streamline e-commerce and to prevent trading partners from conflicting due to legal problems.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.235-255
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• 2013

This thesis examines the problems faced in the electronic trade specialized service provider for which improvements are necessary, and suggests various ways of overcoming those problems. First, from the legal aspect, it is necessary to clarify the scope of duties as well as to expand the threshold for entrance and business areas through the amendment of related laws. Second, from the operating aspect, the e-trade specialized service provider should be able to provide convenient work spaces through user-centered interface by connecting, integrating, automating and simplifying various services scattered around through the establishment of an operating system. Third, from the institutional aspect, trade firms should be able to perform e-trade duties without difficulties by specializing and increasing the size of the e-trade specialized service provider system and strengthening job competence. For this, it is required to improve legal registration requirements to enhance the reliability of the e-trade specialized service provider system and secure its financial capacity.

• International Commerce and Information Review
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• v.5 no.2
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• pp.19-45
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• 2003

The main issues addressed in this paper are as follows : First, this paper makes a distinction among types of e-money, IC card type versus Network type, open-loop type versus closed-loop type, online type versus offline type and accountable type versus unaccountable type, and analysis the clear and accurate criterion. Second, generally speaking, e-money is a claim on originator of e-money and not legal tender, so, delivery of e-money by itself does not relieve of monetary obligation. Between it is not easy to define e-money, by now there are many definitions of e-money, there is a legal uncertainty accordingly and then it is not easy to find proper law applicable to resolve a particular issue. As a result. many problems relating to e-money would be solved through analogical application of the moot proper law among the laws that apply to the cash, check, credit card, or fund transfer after analyzing type of e-money at issue. This paper studies the methods on diffusion of the utilization of electronic money. To diffuse the usage of electronic money, it need; prerequisitely as a basic conditions independence of electronic money, non-reusability, and anonymity. And also as a additional conditions it need; usability in the offline commerce, transferability, divisibility. And now electronic money is used very actively, but still has many Jaw problems such as protections of consumer, law enforcement, supervisory, etc. So electronic money has called as money, but it is sure that electronic money is not a legal tender. So to facilitate the economic function of the electronic monel it is need to supplement the electronic money in the legal sides.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.44
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• pp.213-238
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• 2009

This thesis examines the problems faced in the clearance procedures of Korea's e-customs system for which improvements are necessary, and suggests various ways of overcoming those problems. Practical implications regarding the advancement of Korea's e-customs system are as follows. First, the substructure of the e-customs clearance system, which is the basis for the establishment of a global single window, should be developed into a more modern and advanced system. Second, additional improvements in the law are required to render the broad array of Internet-based export and import documents legally binding. Third, customized services should be provided in order to improve the operating efficiency of the e-customs clearance system. Fourth, the reputation of Korea's e-customs clearance system should be raised via the strengthening of a cooperative system between concerned parties, including exporters and importers. This innovative approach to systematic improvements will come about when we can simplify current customs clearance procedures and establish a fairer customs inspection administration regime. Additionally, when we review the methods intrinsic to our customs system, we must emphasize the urgency of proper completion of related systems and arrangements in the trade business and similar fields.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.109-139
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• 2013

This paper is to review the Uniform Rules for Bank Payment Obligations(URBPO 750E) which were developed by the Banking Commission of the International Chamber of Commerce and to present the implications. The rules were unanimously adopted during Lisbon meeting of the ICC Banking Commission on April 17th, 2013 and taken effect as of July 1, 2013. A BPO is an irrevocable undertaking given by an Obligor bank to a Recipient bank to pay a specified amount under the condition of a successful electronic matching of data or acceptance of mismatches. It is an alternative instrument for trade settlement, designed to complement existing solution and not to replace them(ICC,750E). The BPO enables banks to provide sellers and buyers with advanced risk mitigations and enhanced financing services. The BPO will improve trade processing efficiency such as increased transaction times, reduced handling cost, and others. It is believed that the BPO will have an important role to play in supporting the development of Supply Chain Finance in international Trade. So, This study will review the provisions and application of the URBPO 750E based on documentary materials including swift com and icc.org and so on.

• Journal of Arbitration Studies
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• v.11 no.1
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• pp.247-286
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• 2001

This study is to analyze e-commerce issues and how to settle arbitration dispute resolution. Considering internet related business spread out worldwide, the dispute is incurred in variety areas. To resolve the dispute of e-commerce, government has been released several laws for protecting legal transaction, information exposure, and internet security, etc. However, internet related technology is changing rapidly and dispute issues are coming out at many different models. Upon that environments, law and rules could not be followed to meet the technology change. That issues are made for this study. In this study, outlook of e-commerce, status of domestic and overseas of internet business, e-commerce and security issues were analyzed, and empirically comparative analysis was driven out and variety dispute cases were studied. Upon that study the resolution methods were suggested and arbitration settlement was proposed prior to legal sue. This study results are how to minimize the disputes and the method of dispute settlement. Therefore, a role of arbitration proposed and emphasized. To protect the dispute in advance, it's suggested to revise rules timely following on technical changes, and emphasized that the dispute has to lead to arbitration settlement not for consuming unnecessary time and finance for enterprises and consumers.

• The Journal of Information Technology
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• v.9 no.3
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• pp.1-14
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• 2006

China has recently (28 August 2004) adopted a new act legalizing the electronic signature. This new act provides electronic signatures with the same legal status as handwritten signatures, and states that on-line certification providers will have to be created in order to ensure the security of on-line operations made using said signatures. This new act is intended to increase Chinese electronic business, and thus to raise the revenue China can expect from said business. And the law grants electronic signatures the same legal effect as handwritten signatures and seals in business transactions, and sets up the market access system for online certification providers to ensure the security of e-commerce. As Internet trade requires a reliable third party to identify the signers, the credibility of online certifying organizations is significant for the transaction security. So, considering the weakness of China's social credibility system, the law regulates that the online signatures certification providers should be approved and administered by governments.

• Journal of Arbitration Studies
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• v.23 no.1
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• pp.133-152
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• 2013

Recently, the United Nations Commission on International Trade Law (UNCITRAL) has made progress toward resolving low value, high volume disputes in international e-commerce. At the Working Group's 26th session, two draft procedural rules were addressed. The first discussed the draft of Article 9, entitled "Decision by a neutral party." This is based on the suggestion in 26th session to have a "two track" system of ODR, one including negotiation, facilitated settlement, and arbitration phrases, and the other not including an arbitration phase. The second draft procedural rule, draft Article 10, regards the language of proceedings. In most cases of international e-commerce, the decision of language of an ODR proceeding is a matter of importance, for the language parties could differ from each other. This paper examines several implications of UNCITRAL for Korea, which has unstable ODR system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.655-672
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• 2016

The main objective of this study is to examine the mediating effect of 'e-trust' on the relationship between the antecedents related to e-marketplace and the intention of using e-marketplace. Data was collected from a survey of 169 exporting firms in Gwangju, Korea. The results of the study are as follows ; First, 'e-trust' is produced a mediating effect when technology and government factors affect the intention of using e-marketplace. However, "e-trust" does not play a mediating role in the relationship between company factor and the intention of using e-marketplace. Second, technology factor, government factor and company factor have a positive impacts on the intention of using e-marketplace. Accordingly, in order to enhance the intention of using e-marketplace, small & medium exporting firms in Korea should try more to prepare for factors related to technology and company. In addition to these, government should give full support to be prepared for regulations and systems related to e-marketplace. If e-trust were properly built, the enhancement of using e-marketplace would be taken place more smoothly. So most of exporting firms can participate in e-marketplace more actively.