• Title/Summary/Keyword: E-commerce Law

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A Study on the Way to Amendment of the Law for Diffusion of CBEC (전자상거래무역 확산을 위한 법률개정방안에 관한 연구)

  • Ahn, Byung-Soo
    • International Commerce and Information Review
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    • v.19 no.1
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    • pp.3-21
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    • 2017
  • As to 'E-Commerce Trade' or 'The Cross Border E-Commerce (CBEC)' which has shown rapid diffusion, Korean government is providing active support on the basis of idea that it has profound impact on increase of export. However, sporadic support propelled by various ministries and agencies are not effective and efficient at all on actual circumstances. Consequently, in order to promote consistency, effectiveness, and efficiency of supporting policy, it is desirable to clarify competent ministry and the duty of cooperation to the other ministries and agencies. For its own sake, it is necessary to amend each existing laws which scattered all over the business territory, or to legislate new enactments. Yet these methods are extremely tough to carry out, therefore, it seems that amending 'Electronic Trade Facilitation Act', which already exist and regulate 'paperless trade' would be a realistic alternative. For the diffusion of Korean CBEC especially export, in this study the author insists that amending this law to promote CBEC is the most reasonable way comparing to other ways with several reference materials.

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A Comparative Study on Governing Rules Applicable for Standby Letters of Credit (스탠드바이 신용장(信用狀)의 준거규범(準據規範)에 관한 비교연구(比較硏究))

  • Park, Suk-Jae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.495-518
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    • 1999
  • Since the end of World War II, the standby letters of credit have been used as a surety device, serving as a performance bond and guarantee in the world. In Korea, the standby letters of credit have been also being used in international transactions. But there have been a few studies on the standby letters of credit. This study is carrying out to reveal the characteristics of the standby letters of credit and the documentary letters of credit and also between the standby letters of credit and guarantees. Secondly, this study is carrying out to indicate types of practical use of standby letters of credit in international transactions, i.e. bid bonds, performance bonds, advanced payment guarantees etc.. Finally, this study is carrying out to indicate governig rules regarding standby letters of credit, i.e. URCG, URDG, UCP, UN Convention on Independent Guarantees and Standby Letters of Credit, ISP etc..

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A Study on the revised preliminary draft convention on[Int'l] contracts concluded or evidenced by data message (2차 전자계약예비협약초안에 관한 연구)

  • Oh, Se-Chang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.387-421
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    • 2003
  • On the above, a comparison between preliminary draft conventions and comments by the Int'l Chamber of Commerce, contents of preliminary draft convention, problems and alternative are discussed. The conclusions are as follows thereof : The laws of MLEC and MLES made preparation for electronic era of CISG. But electronic circumstances are more changed than the time of regulation of them. Therefore the business world needs a stand-alone convention dealing broadly with the issues of contract formation in electronic commerce. At last, preliminary draft convention delivered a second round. But the base of the instrument was also MLEC and MLES. The revised preliminary draft convention is much amended beyond preliminary draft convention. At its forty-one sessions, the working group reviewed articles 1-11 of the revised preliminary draft convention presented by the secretariat. The remainder was pending until the time of its forty-two sessions. Therefore, on the base of deliberations and decisions of that sessions and them of thirty-six sessions of UNCITRAL, which will be held on comming november, the draft convention which will be prepared by the secretariate, be re-revised preliminary draft convention. According to review of working group on them, preliminary draft convention will officially be draft convention or revise by secretariate. Under these situations, my points of view on draft convention are as follows : As though e-UCP is used carring out side by side with UCP, after e-CISG making in order to adjust CISG to "on" transaction, it is very easy and prompt for business worked to use CISG with e-CISG. This will facilitate ratification of the CISG. For this case, I already presented contents of e-CISG. It is very important for the preliminary draft convention to deal specially with issues related to electronic contracting or to electronic transaction, because according to which way, its contents and scope of application will be different. But the revised draft convention is regretably compromising both them. Consequently, its contents are very confusing and we could not expect its success. If e-CISG will regulate, it is desirable that, if possible, working group has to make the general rule, and the making of useful, practical, affordable rule for electronic commerce, for example Uniform Customs and Practices for Electronic Commerce(e-UEC) in order to solve the specific practical problems, if any, which business currently faces regarding electronic contracting, has to entrust ICC. If working group want to make e-CISG, it is important not to hesitate and take a significant amount of time.

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Emerging Electronic Documentary Credit and Electronic Presentation of Documents (전자신용장의 출현과 서류의 전자적 제시에 관한 고찰)

  • Kang, Won-Jin
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.21
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    • pp.73-97
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    • 2003
  • In this paper, I examined the trends of standardization and electronization of trade documents and SWIFT network. Also, I reviewed on emerging electronic documentary credit for electronic payment and electronic presentation of documents. New international trade customs and practices are being established and changed as a result of the growth of the Internet and other on-line networks. At the same time there is increasing pressure to move from existing paper-based documentary credit to electronic documentary credit. Several projects devoted to development of an electronic letter of credit infrastructure have recently been proposed such as Bolero, SWIFTNet, UNeDocs and eUCP, etc. Yet, little can be done until the presentation process is electrified between traders and banks. Also, interbank communication of letters of credit has long been electronic, mainly through the SWIFT. However, it is not functioned between applicant and beneficiary, although the solution of SWIFTNet has recently been developed. The Banking Commission of International Chamber of Commerce established a working group consisting of experts in the related fields to prepare the appropriate rules as a Supplement to UCP 500 for Electronic Presentation: eUCP. The eUCP will provide the necessary rules for the presentation of the electronic equivalents of paper documents under letters of credit. Some problems of electronic presentation under the eUCP, exist such as format, presentation of electronic records and the way of beneficiary's notice for completeness under the Article e5 if more than one record is to be presented electronically by third parties. Therefore, it is encouraged to provide more detailed guide for eUCP Article e5.

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A Study on the Activation of Crowdfunding for e-Commerce Trade Start-ups Investment (전자상거래 무역창업 투자를 위한 크라우드펀딩 활성화방안에 관한 연구)

  • Park, Jong Hyun
    • International Commerce and Information Review
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    • v.18 no.2
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    • pp.3-26
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    • 2016
  • Crowdfunding is growing up SNS spread, raising funds from numerous people which are offering necessary funding of private and enterprise using the internet-based platforms. The function of crowdfunding uses innovative financing in being business and start-ups having difficulty in financing. Crowdfunding in our domestic is concentrated on culture and arts in the early adoption phase, and is numerous projects with public features. However, the investment case of crowdfundig in e-commerce trade start-ups is rarely in spite of a increased attention for crowdfunding.. The purpose of this study examined the factors to be considered when using successfully crowdfunding on e-commerce trade start-ups. This study is understanding the legal and policy of crowdfunding market status and other countries, and suggests the activation of the direction of government policy, legal system, and participation of financing suppliers and investors as activating the law and policy system related the crowdfunding on a domestic in terms of e-commerce trade start-ups investment.

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An Emperical Study on Activation of uTradehub (uTradeHub 활성화 방안에 관한 실증 분석)

  • CHOI, Tae-Kwang;RYU, Seung-Yeal
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.71
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    • pp.217-243
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    • 2016
  • As the rapid development of IT and the internet changed the trading method from the traditional offline transaction into the online e-Trading, the international documentation standards, the eUCP and the domestic laws and legislations have been established, adapting to the new e-Trading environment. This study was conducted to analyze the factors which affect the use of uTradeHub on the domestic trading companies and trade-related organizations and suggest how to activate e-Trading. To do this, classify the users into the enterprises and the trade-related organizations, set up the hypothesis of the study with the measurement variables of the user convenience, the new service, the system suitability and the legislation environment and carry out a survey targeting the trading companies and the trade-related offices to do an actual proof analysis. The analysis was performed by using the statistical program, SPSS IBM22.0, and the study hypothesis was tested by the multiple regression analysis methodology. The test result showed that the trading companies set a high value on the user convenience, the new service and the legislation environment of uTradeHub, meanwhile the trade-related organizations regarded the system security and reliability, the user convenience and the legislation environment as the major affecting factor on the use of uTradeHub.

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An Empirical Study on the Factors Affecting the Innovation Resistance to Information Technology of Trade According to Adoption Stage - Focused on the e-Marketplace - (무역정보기술(貿易情報技術)의 수용단계별(受容段階別) 혁신저항(革新抵抗)에 관한 연구(硏究) - 무역(貿易) e-Marketplace를 중심(中心)으로 -)

  • Song, Sun-Yok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.25
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    • pp.211-241
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    • 2005
  • Innovation resistance toward technology products such as e-Marketplace is an important concept in business to business marketing. But most of researches and literatures have not been focused on innovation resistance. Therefore, the objective of this paper is to confirm key factors that effects on the innovation resistance. Additionally this study will be revealed the factors affecting the innovation resistance to information technology of trade according to adopting stage. Based on the past literatures, the innovation resistance of users can be viewed as dependent on two sets of factors came from the study of Innovation Resistance Model(Ram, 1987):perceived innovation(e-Marketplace) characteristics and user(trading company) characteristics. Perceived innovation characteristics consists of relative advantage, compatibility, perceived risk, complexity, inhibitory effect on the adoption of profitable innovation. The user characteristics consist of innovativeness, beliefs and attitude toward existing trade method. And user adoption stage came from the study of Innovation Diffusion(Roger, 1995). To make it simple, this study divides group1(knowledge/persuasion/decision) and group2(implementation/confirmation). In the result of the empirical study, the hypothesis 1, hypothesis 2, hypothesis 4 were supported partially and hypothesis 3 was completely supported.

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A Study on Consumer Information Needs and Education Needs according to the Consumer Problem in Information Society - Focused on E-commerce- (정보화 사회에서의 소비자문제에 따른 소비자정보요구 및 교육요구에 관한 연구 - 인터넷 상거래를 중심으로 -)

  • 류미현
    • Journal of the Korean Home Economics Association
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    • v.40 no.12
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    • pp.131-144
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    • 2002
  • The purpose of this study was to identify the degree of experience and the consumer problem perception on its seriousness in relation to E-commerce in information society and how much consumers wanted to be provided with consumer information and education. The major findings of this study were as follows: 1. The consumers showed the highest degree of consumer information needs related to the protection of private information and the highest degree of consumer education needs related to consumerism/law/method of compensation for damages. 2. The consumers showed the highest level of anxiety at a time of e-commerce in to the total causal effect of the variables influencing consumer information needs and the variable of sex(male university students)showed the greatest total causal effect in relation to consumer education needs.

A Study on Policy of Distribution Improvement of Fishery Products in Busan (부산수산물의 유통개선정책에 관한 연구)

  • Song, Gye-Eui
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.37
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    • pp.161-185
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    • 2008
  • In 2006, the share of fisheries distribution in Busan amounted to 1.9 million ton, which was 41 percent of the whole country. In details, coastal fishery 334 thousand ton(14% of the whole country), deep sea fishery 452 thousand ton(82%), import fishery 964 thousand ton(70%), export fishery 157 thousand ton(43%) were distributed in Busan region, respectively. According to distribution share, import(50%), deep sea fishery(24%), coastal fishery(18%), export(8%) are main category of fisheries distribution in Busan. After the institutional changes in 1997, that is, from monopoly to the competitive systems are implemented, the share of sales volume through a home trust market decreased gradually since 2000. Especially, the share of direct sales in farming fisheries sector amounted to 73.8 percent of total production volume, 80.7 percent of production value in 2005. Furthermore, the share of fisheries sale through e-commerce is increasing owing to the growth of IT and competitive price of its products. and the sale share of large discount store is also on the 10% more increase. Hereafter these structure changes of fisheries distribution in Busan will be more intensified. Therefore, after reflecting the change in distribution policy of Busan Fisheries, the directions of distribution policy should be established, as follows. $\cdot$ Distribution policy to prepare for increasing of non-trust market sales $\cdot$ Fisheries distribution policy to prepare for increasing of direct transaction like e-commerce $\cdot$ Distribution policy to prepare for increasing of sales ratio in large discount store $\cdot$ Distribution policy for making up sound purchasing circumstance of Fisheries $\cdot$ Distribution policy for reducing the fisheries distribution cost $\cdot$ Distribution policy to prepare for increasing of direct carrying the deep sea fisheries and import fisheries to Seoul and $Inch'{\breve{o}}n$ section $\cdot$ Distribution policy for implementing the information system for managing fisheries transaction $\cdot$ Distribution policy for advancing the export & import management of fisheries $\cdot$ Distribution policy for establishing transaction principle reflecting the peculiarity in fishery distribution(to enacting independent fishery law)

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A Study on the Ways of Realization of e-B/L in Korea (국내 전자선하증권의 구현방안에 관한 연구)

  • Ahn, Byung-Soo
    • International Commerce and Information Review
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    • v.9 no.4
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    • pp.177-198
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    • 2007
  • Since 1970s, there are many tries to realize electronic bills of lading(e-B/L) in the world and great attention has been shown to the question of law, international trade customs and realizing strategy concerned that instrument. However that tries, include Bolero which is most famous company serving e-B/L, don't succeed yet. Meanwhile, Korean government amended commercial code in order to realize e-B/L on August 3, 2007. Also The Korea Paperless Trade Center set to develop the e-B/L system by spring of 2008. So far, however, no definitive answer has been given to the way of realization of e-B/L in Korea. Getting bigger the importance of analysis to the ways of realization of e-B/L in Korea, in this paper the author attempt to examine the requirements after briefly outlining and analysing the results and problems of the tries and suggest thereby policy and strategy about the realization classified three categories.

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