• Korea Trade Review
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• v.43 no.3
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• pp.199-218
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• 2018

The force majeure in the international sale of goods has been widely used regarding liability and settlement of disputes in the event of breach of contract due to circumstances beyond the control of the parties. The purpose of this study is to examine the judgment criteria and cases concerning on force majeure in the application of FTA preferential tariffs. In order to achieve this purpose, this paper uses a literature review and case analysis on exceptional circumstances under the Korea·ASEAN FTA and the Korea·EU FTA. This study, this paper provides several implications for companies seeking preferential tariffs regarding the Korea·ASEAN FTA and the Korea·EU FTA. Korean companies are subject to the following: confirm the denial article of FTA preferential tariffs stipulated in the Korea·ASEAN FTA and the Korea·EU FTA, consider the judgment criteria on exceptional circumstances of customs authorities, confirm the extension criteria on the validity period of certificate of origin, confirm the reply criteria of verification result of the customs authorities of the exporting country, and confirm the violation of the principle of good faith for unrequested action on reply of verification result of customs authorities.

• 주류산업
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• v.24 no.2
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• pp.25-37
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• 2004

한, 칠 FTA에서는 원산지가 칠레 또는 우리나라로 인정되는 물품에 대해서만 FTA특혜관세가 적용된다. 즉, 원산지의 인정범위에 따라 적용세율이 달라지므로 원산지규정은 특혜관세의 적용과 우회수입 여부를 판단하는데 핵심적인 과세 요건중의 하나라고 할 수 있다.<중략>

• International Commerce and Information Review
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• v.15 no.3
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• pp.475-498
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• 2013

The most fundamental reason why FTA Agreement must be concluded is based on the preferential tariff treatment among country parties. In order to get applied by the preferential tariff treatment under an FTA, the parties need to meet the rules of origin and the criteria stipulated under the FTA simultaneously. In addition, Certificate of Origin(C/O) document is required to claim for the preferential treatment under the FTA Agreement. In South Korea, the electronic Certificate of Origin can be issued by the UNI-PASS and FTA-PASS of the Korea Customs Service. The Web Certification System of the Korea Chamber of Commerce & Industry also is established. But the majority cases of requesting the preferential Certificate of Origin are generally performed by the business partners. The settlement and activation of electronic Certificate of Origin are urgently needed to maximize the effects of FTA, First, this paper examines the application situation of electronic Certificate of Origin throughly. Second, the current circumstances related to electronic Certificate Origin are analyzed in the practical and systematic perspectives. Finally, the improvements for activating electronic Certificate of Origin is suggested.

• International Commerce and Information Review
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• v.17 no.3
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• pp.203-222
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• 2015

Papers in FTA research have mostly focused on the legal interpretation of the FTA treaties. In this research, more focus was put on the customs laws and related cases delivered in the U.S. federal courts, by which we can analyze the Korea-U.S. FTA in more practical manner to derive the enterprises' solutions to cope with the disputes of FTA preferential duty. The Tariff Act of 1930 is the U.S. customs law to govern FTA preferential duties. The administrative practices with customs duties are coordinated with the FTA rules. The most controversial issue in the U.S. customs law lies in the classification of imported goods for imposition of the customs duties, based on Harmonized Tariff Schedule of the United States. It was found that the U.S. federal courts had been quite favorable to the CBP(U.S. Customs and Border Protections) in litigation with the private importers and exporters. The reason seems to be that the CBP has been dealing with the customs cases so many times, accumulating much experience in execution of the U.S. customs laws, which is likely to make their decisions on customs duties almost free of errors. Therefore, the Korean exporters need to collect the CBP's past cases on the denial of preferential treatment on imported goods and be fully informed of the CBP's policies on the FTA preferential duty treatment.

• Korea Trade Review
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• v.43 no.6
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• pp.215-238
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• 2018

Tariff reduction from FTAs are applied to imported goods, but not to traveler's goods. There are difficulties in meeting the FTA's conditions for free tariff application, such as origin of goods and direct transportation. This study suggests the optimal cut-off level of a simple tax rate applied to traveler's goods with respect to traveler' welfare and government tax revenue. Among three different scenarios of simple tax reductions by ordering its weighted magnitude of effects, the optimal tariff was found to be 2% applied to all goods. The effects of a 2% reduction of simple tax rate would increase traveler' welfare by 16.8 billion won and reduce tax revenue by only 0.34 billion won.

• International Commerce and Information Review
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• v.15 no.2
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• pp.207-232
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• 2013

FTA(Free Trade Agreement) of South Korea and European Union(EU) took effect from July 1, 2011. Korea signed a contract FTA with the European Union by first among Asian country, and Korea EU FTA is evaluated that it is wide, comprehensive and high level FTA. Therefore, Korea EU FTA will become FTA that dimension is high, and FTA fermentation with the European Union may activate the Korean economy through extension of export. By the way, in Korea EU FTA, the stipulations on import and export clearance system is different compared with other FTA. Therefore, exporter and importers should compare thoroughly on essential factor of origin standard and preferential tariff which is set in FTA Agreement. In this study, I analyzed 'conditions of direct transport' that is prescribed in article 13 of Korea EU FTA. Particular, I analyzed recently example of appeal for review that decision is made in the Korea Customs Service(KCS). Laying stress on counter measure of business, conclusion in this study is as following. First, companies must understand correctly a single consignment and a single transport document under Korea EU FTA. Second, companies must not analyze wrong 'conditions of direct transport'. Third, when simplicity transshipment or temporary custody is consisted, companies must secure documentary evidence as soon as possible. Fourth, in case goods pass third country, companies must understand uprightly 'a single consignment'. Finally, companies should keep in mind to truth that European Union and EFTA are different FTA.

• The Journal of shipping and logistics
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• v.35 no.2
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• pp.245-264
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• 2019

With the first agrement in 2004, Korea(ROK) has been one of the most active countries participating in FTA. Companies should meet some requirements to use preferential tariff benefits of FTA. For example, it is required for firms to fulfil the origin criteria and direct transportation principles. This study is designed to provide important factors determining reliability of FTA Origin Certificate. In specific, characteries of firm(trade experience, professional expertise), country (FTA participation, economic development) and product(processing level, value pricing) are investigated as determinants of how trust FTA origin certificate. According to the theoretical foundation and previous studies, this study made 6 hypotheses. SEM(Structural Equation Modeling) was used to test empirically the hypothesized relationships among variables. The empirical findings show that trade experience, professional expertise and FTA participation are important determinants. In other words, firms can trust more FTA Origin Certificate by trading partners with more trading experiences and professional expertises located in countries where participate actively in FTA.

• Korea Trade Review
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• v.41 no.5
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• pp.89-111
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• 2016

The Mega-FTA is intended for emerging economies, including developed economies, to expand economies of scale in a single market. The Bilateral FTA shall take into account the relevant industries and the inter-country related industries to adjust the origin standard and preferential tariff rates. Therefore, certain competitive industries can expect foreign investment and re-investment in the domestic market as well as expansion of the market in the region. However, the mega-FTA should expand the size of the economy under the same preferential tax rates for many Partner countries. The Mega-FTA can maximize the effectiveness of the agreement by making use of the competitive advantages of the participating countries. In the mega-FTA, Cumulative Criteria should be appropriately used as a supplemental standard of origin. The Cumulative Criteria is an important FTA utilization factor that determines the success of the mega-FTA. Using FTA, Korea should export locally produced materials using cheaper labor force in FTA partner country. In addition, in order to prepare the Mega-FTA, which allows full cumulation, it is necessary to encourage the overseas transfer of low-cost structure materials processing industry so that the material suppliers can be transferred to the area where production cost is lower and raw material supply is easier.

• Korea Trade Review
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• v.42 no.4
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• pp.93-114
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• 2017

Under the FTA agreement, preferential tariffs between FTA members will result in tariff reductions. In order to ensure the stable use of the FTA tariff system, it is necessary for the customs authorities to determine whether the origin goods are clearly applicable. This study analyzed the procedure of appeal according to the origin verification system based on the decision made by Korea Customs Service and Tax Tribunal. From this, we examined whether the rate of re-claiming a case rejected in the 'Review System of the Legality Before Taxation' differs. In addition, we carried out a quantitative analysis using bootstrapping technique in order to overcome the scarcity cases of verification of origin among FTA members. The implications of this paper are summarized as follows: First, we tested the hypothesis that the re-claiming rate of Western countries is higher. Second, some issues represented higher re-claiming rate. Third, there was no significant difference between the verification group and the re-claiming rate. Finally, even if an applicant makes a claim again, there is a possibility of being rejected again.

• International Commerce and Information Review
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• v.16 no.1
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• pp.91-116
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• 2014

This study reviews the methodology for utilizing information technology by which even non-professionalists in FTAs and commodity classification area can perform the determination of commodity classification, with ease and by themselves, by means of easy utilization of the information on commodity classification and FTAs, of importing and exporting goods. This article examines the technological elements and logics, etc. which simulate the commodity classification for utilizing FTAs. To achieve this, the author has developed the technology to support the determination of commodity classification numbers by accumulating the database of examples for classification after analyzing the classification factors by each commodity item. Utilizing this Commodity Classification Determination Supporting System, users can enjoy effects of education as well as consulting. In this regards, the advantages of this system can be enumerated as followings : Firstly, self-checking on commodity classification can be performed. Secondly, time and cost for classification can be saved. Thirdly, comprehensive competitiveness will be enhanced by allowing traders to achieve the benefit of FTA preferential tariff, for they will be able to issue the Certificate of Origins on a more accurate and precise basis of commodity classification.