• Title/Summary/Keyword: Export Control Law

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A Study on the Prospects of Export Control System Regarding to the Strategic Items (전략물자 수출통제의 현황과 전망에 관한고찰)

  • Oh, Hyon-Sok;Yang, Jung-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.42
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    • pp.309-335
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    • 2009
  • Over the last several years, regarding to the strategic items, the international community has seen governments make more formal commitments to adopt and implement effective export controls to counter the proliferation of weapons of mass destruction(WMD). United Nations Security Council Resolution 1540(that is "S/RES/1540") stands as the most important of these commitments. Many UN members already have export control laws and regulations in place to prevent the proliferation of weapons of mass destruction. Many members also participate in a variety of formal and informal international arrangements to coordinate their export control efforts. Nonetheless, each of these countries has its own unique legal framework for export controls. This generates considerable diversity in the construction of the specific national legal authorities. Over the last few years, however, a consensus over what constitutes the key elements of effective legal authorities for export controls has begun to emerge. Evidence for this development comes in the identification of best legal authorities or principles at several multilateral conferences on export controls.

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A Study on Global Compliance of Global Companies under the Circumstance of Export Control (전략물자 무역환경에 따른 글로벌기업의 글로벌 컴플라이언스에 관한 연구)

  • Choi, Choon-Ho
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.39
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    • pp.367-389
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    • 2008
  • On the stage of an international trade with well-developed transportation, communication system and proliferation of free trade, global companies who are eager to sustain business growth by cutting cost and pioneering new market are facing a new challenge named "Global Compliance" of business transparency, export and import regulations, and potential international business environment. The purpose of a global compliance is to monitor and regulate a company's trade activities to reduce the risk of transactions that might violate relevant countries' laws, regulations, or standards. After the 911, for strengthening the non-proliferation of the export control goods, UNSCR1540(United Nations Security Council Resolution 1540(2004)) was declared in order to enforce the members to adopt the rules in the resolution into their national laws and regulations. Companies does not realized that they need to get rid of the risks because they underestimate the importance of international security, caused by their careless management. That is why currently the export control program is not fully observed by the most. Lack of awareness for the export control and the poor system of each members could be the reason for this unstable operating status. With this background, this thesis will study on the meaning of export control, schemes for companies to recognize its importance and governmental guideline to support global companies.

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A Study on Development Proposals for Korea's Export Control System (우리나라 수출통제 법제의 발전방안에 관한 연구)

  • Kang, Ho
    • Korea Trade Review
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    • v.43 no.3
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    • pp.75-100
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    • 2018
  • This study is designed to examine international export control norms, analyze current national export control system and identify the problems thereof, presenting several proposals for development in the system. The Republic of Korea, as a signatory of non-proliferation treaties and multilateral export control regimes, is obligated to comply with the international non-proliferation and export control norms, irregardless of hard or soft laws. Korea's export control system has been implemented in earnest since 2005; however, it contains serious problems in terms of the legal system and objectives of relevant laws and regulations, terms and definitions of the items subject to export controls, catch-all requirements, brokering license, response to the U.S. re-export controls, and so on. Proposals for development in the system include (i) enacting an independent law integrating the current dual-use items export control law and regulations, (ii) making use of the term of "strategic items" as a uniform terminology replacing 'goods etc.', 'strategic goods(inclusive of technology)', 'strategic goods, etc.', 'WMD, etc.' so as to preclude any possibility of misunderstanding, (iii) rewriting the catch-all control requirements, (iv) introducing registration system of brokering firms, (v) including provisions to comply with U.S. reexport controls, and (vi) providing stakeholder with correct and full information on export controls.

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A Study on the Improvement of Competitiveness and International Export Control System of Strategic Items (전략물자의 국제 수출통제와 경쟁력 제고방안에 관한 연구 - 자율준수체제를 중심으로 -)

  • Kim, Hyun-Jee
    • International Commerce and Information Review
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    • v.10 no.1
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    • pp.349-371
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    • 2008
  • Export controls on strategic items has been an international standard of trade. We should understand the global trend of this and perform clean policies in the international community. This article examines the Improvement of Competitiveness and International Export Control System of Strategic Items for focusing to Internal Compliance Program(ICP). Therefore, this study would like to suggest for build to ICP. Each member of company have to convert their perception for controling strategic items. Also, they have to build controling system in ERP system and extend Incentive for CPs. the support to the trustworthy controling system. Korea is actively trying to control strategic items export for world peace and national security. So the related enterprise needs to manage voluntary export system.

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A Study on the Risk Management of Strategic Materials (전략물자 무역 리스크 관리 방안에 대한 연구)

  • LEE, Kyung-Lyung;LEE, Seoung-Taek
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.72
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    • pp.115-137
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    • 2016
  • Trade can be greatly influenced by the change of international trade environment due to the characteristics of remote transactions. Furthermore, in the circumstance of emphasizing the national security again, the importance of the risk management of special materials has been increasing. As it was noted at Chapter 4, significant results such as the threat of enterprises' sustainable growth can be occurred when companies are related to the unlawful export of strategic materials or experience discouragement of export of main products. As the decision of strategic materials greatly depend on a specialized knowledge there is a possibility of misjudgement of strategic materials in terms of ordinary companies which is not accustomed to them. Furthermore risk management is more difficult due to the inclusion to the items of export license. To prepare such a risk of export of strategic materials, firstly, it should be checked to find whether counter traders are working in the industry which is not related to the spread of weapons of mass destruction, secondly, an appropriate process shall be designed and operated for products to be safely delivered to the trade counter. Therefore, our export enterprises have to introduce CP(Compliance Program), AEO or ISO28000 considering suitability for their actual situations not only to promote export and but also to avoid risk of export control and additional expenses. Through these appropriate processes, an efficient and effective management of the trade risk of strategic materials can be accomplished.

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[Retracted] A Study on the Export Control System and its Effective Implementation Plan in Korea ([논문 철회] 한국의 전략물자 수출통제제도의 문제점과 효율적 이행방안)

  • Lee, Sang-Ok
    • International Commerce and Information Review
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    • v.13 no.3
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    • pp.353-375
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    • 2011
  • Export control was first triggered by international export control system at US led COCOM in 1949. Numerous international efforts such as NPT in 1969, ZC in 1970, NSG in 1978, AG in 1985, MTCR in 1987, Wassenaar Arrangement(WA) establishment in 1995 with 1990's the fall of the Berlin Wall, have been made since. The concept of export control has been changed from weaponry and parts export control to preventing or blocking weaponry, respective goods and relevant technology from the hand of troubled regions and non-state actors as terrorist groups; and the new concept is described as Nonproliferation Control. Extent of control items is not only limited to conventional weaponry, but also includes weapons of mass destruction(WMD) and even dual use items which can be used for production, development, usage or storage. Control items include all items defined by NSG, MTCR, AG, WA, and CMC-Opec. The 9.11 terror had a strong influence on international society. Effort to prevent WMD proliferation has now become the most important issue for international security. This study aims to suggest improvement points for nonproliferation law and its effective implementation, based on problem and limitation identification along with analysis of nonproliferation law and implementation examples by type. Furthermore for the purpose of national and global security, export control system on strategic items which are considered to be a key issue in South and North Korea relationship needs to be effectively managed. Recently, North Korea's missile and nuclear tests have been criticized globally; and the global society including respective countries as China and South Korea is striving to urge export control in line with the UN resolution.

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A Study on the Improvements of Administrative Rules of Korea Foreign Trade Act (대외무역법 행정규칙의 개편방향에 관한 연구)

  • Park, Kwang So
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.63
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    • pp.185-207
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    • 2014
  • There are over 20 administrative rules related to Korea Foreign Trade Act including Export and Import Notification, Consolidated Notification, Notification for Strategic Materials and so on. The purpose of this research proposes to reform some administrative rules related to Korea Foreign Trade Act. First, the administrative rules are a little many and hidden in part, so the effort need for simplification and publication. Especially Export and Import Notification is no need more, and some articles can be transfer to the similar notification. Second, the prohibited or regulated items are only 135, and the reason is cooperation to world trade policy and Korea trade purpose. The item number of trade limitation are decreased sharply compare to several decades, but we still effort to decrease. Third, There are 2 tracks trade regulation both Korea Foreign Trade Act and 57 specific acts. The number of trade limitation item is over 5,000, so it is impossible to control by Consolidated Notification. The role of Consolidated Notification is the just guides for Export and Import, so trader has to use the specific trade-related law.

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A Study on Strategic Approach to Expand Korean e-Government Export (한국 전자정부 해외진출 확대를 위한 전략적 접근방향에 관한 연구)

  • Lee, Chae-Eon;Choi, Yong Lak;Shin, Yongtae
    • Journal of Service Research and Studies
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    • v.6 no.1
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    • pp.1-15
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    • 2016
  • The purpose of this study is to suggest strategic approach to expand Korean e-government export. Korean e-government was evaluated as a top level by UN electronic government survey 2014. However its export is very limited. This study reviews the literature related to e-government, and analyze existing Korean e-government export. The results of this analysis are as follows: lack of a law related e-government export, decentralized organizations, insufficient export process, lack of e-government solution for sale, limited funds, deficiency of cooperation between large and small enterprises. This study suggests a strategic approach such as to clarify the purpose of e-government export, to decide government or civilian-oriented export, to establish driving strategy, to improve and develop e-government export related areas. There are many ways for improvement and development of e-government export as follows: to enact a basic law or to revise the e-government law, to integrate functions of separated organizations and establish control tower, to improve export process, to build information sharing system, to develop standardized solution module, and to expand fund to support. The author expects that this paper will contribute to enhance Korean e-government export.

Impact Angle Control for Non-maneuvering Target with Look Angle Measurements and Line of Sight (지향각, 시선각 정보를 이용한 이동표적의 충돌각 제어)

  • Park, Jang-Seong;Lee, Dong-Hee;Park, Sang-Hyuk;Kim, Yoon-Hwan
    • Journal of the Korean Society for Aeronautical & Space Sciences
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    • v.47 no.7
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    • pp.508-516
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    • 2019
  • In this paper, we propose a guidance law to control Impact Angle in consideration of look angle limit of the missile with strapdown seeker on the non-maneuvering target. The proposed law is based on sliding mode algorithm and generates acceleration commands using look angle and line of sight information provided by the strapdown seeker and navigation system. And, target velocity and target path angle are provided by like TADS (Target Acquisition and Designation System) at launch time. We can confirm that the target interception and impact angle control are possible through the convergence of the proposed sliding surface. In addition, it is possible to confirm that the sign of derivative result of the look angle at the maximum and minimum look angle is opposite to the sign of the look angle, so the look angle limit is not exceeded.

A Study on the Export and Import Public Notification System for Efficiency of Trade Item Management (수출입품목관리 효율화를 위한 수출입공고제도에 관한 연구)

  • Lee, Je-Hong
    • International Commerce and Information Review
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    • v.10 no.2
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    • pp.265-282
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    • 2008
  • This article is a study on the A Study on the Export and Import Public Notification System for Efficiency of Trade Item Management. The purpose of this article shall be studies to the trade control regulation in korea foreign law. this article are two most important elements in strategic item and rule of origin. that is, economic profit and nation industries protect have been obtain trade control system. The trade public notification system achieve efficiency of trade item control and nation industry development and domestic customer protect and trade order for trade system and control scheme. Therefor, The Result of the article is review to protection of domestic.

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