• 제목/요약/키워드: Foreign Trade Law

검색결과 158건 처리시간 0.02초

Interim Measures in Arbitration and Enforcement of Arbitral Awards in Korea and China

  • Jon, Woo-Jung
    • 한국중재학회지:중재연구
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    • 제26권3호
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    • pp.67-91
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    • 2016
  • In an era where the international investment and trade between Korea and China grow daily, the importance of international arbitration cannot be overstated. The Korean Arbitration Law was enacted with reference to the UNCITRAL Model Law. When the Chinese Arbitration Law was being enacted, the UNCITRAL Model Law was also referred to, but there are some discrepancies between the two. This article conducts comparative analysis based on the Korean and the Chinese Arbitration Laws, the Chinese Civil Procedure Law and the KCAB and the CIETAC arbitration rules. In order to adopt the UNCITRAL Model Law amended in 2006, Korea revised its Arbitration Law in 2016. The revised Law includes a more comprehensive legal regime regarding interim measures, emergency arbitrator, etc. In China, the enforcement of foreign-related arbitral awards and foreign arbitral awards is carried out mainly by intermediate people's courts. In China, the report system to the higher people's court for refusing the enforcement of foreign-related arbitral awards and for refusing the recognition or enforcement of foreign arbitral awards has the effect of safeguarding foreign-related arbitral awards and foreign arbitral awards in China. Both Korea and China joined the New York Convention, and domestic courts may refuse the recognition and enforcement of foreign arbitral awards according to the New York Convention.

전자무역 서비스의 활용 저해요인에 관한 실증연구 (An Empirical Study on the Impeding Factors to Affect e-Trade Service)

  • 이상진;김형철
    • 무역상무연구
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    • 제51권
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    • pp.417-439
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    • 2011
  • In order to improve e-Trade service, this paper has deduced impeding factors after review of precedent research on e-Trade and analysis of e-Trade current status. Then an empirical analysis of whether variables deduced are detrimental factors to utilization of e-Trade service has been made on the basis of a research model and relevant hypotheses. The scope of e-Trade service indicated in this paper is limited to use of uTradeHub system. Analytical results for the improvement of e-Trade service clearly indicate that the higher the impeding factor to utilization of the system integration, logistics and customs clearance, marketing and users field, the more necessary the service improvement for invigoration of e-Trade service. However, foreign exchange field does not seem to require attention because SMEs have not active will to do electronic payment through the process of electronic documents.

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A Modern Analysis of 'Guanxi' of Foreign Investment in China

  • LEE, Seoung-Taek;PARK, Woo
    • 무역상무연구
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    • 제68권
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    • pp.197-218
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    • 2015
  • China is a land of guanxi, everything is connected with guanxi. China has a business culture based on guanxi connections underpinned by strong Confucian ethics. However, there are some reasons why it is difficult for western companies to run businesses in China. Firstly, foreign firms lack the understanding and experiences necessary for doing business in China. They don't know the absence of alternatives is one of reasons that guanxi is so powerful in Chinese society. Secondly, there are many misconceptions about guanxi. It is easier for many foreign scholars or businessmen to equate guanxi with corruption due to the ambiguity of guanxi. Thus, if a foreign enterprise possesses guanxi, it can be a source of competitive advantage for doing business due to lack of law systems for anti-corruption activities in China. Furthermore, it is gaining increasing importance not only in Business to Government(B2G) but also in Business to Consumers(B2C) relationships. Therefore,managers should pay great attention to the proper use of guanxi instead of being involved in corrupt behaviours because now the governments hold a strong attitude against corruption. In particular, establishment of working guanxi through red envelops(basically giving money) or illegal gifts can cause a great problem for both parties, which were naturally accepted among most government officials and businessmen until recently.

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베트남 법체계에 있어서 외국중재판정 승인 및 집행 (Recognition and Enforcement of Foreign Arbitral Awards in the Vietnamese Legal System)

  • 성준호
    • 한국중재학회지:중재연구
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    • 제31권1호
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    • pp.107-127
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    • 2021
  • Vietnam is an important country with many trade transactions with the Republic of Korea. Arbitration is a method of resolving disputes that can arise with the increase in trade transactions. It is essential to study the legal system and precedents of Vietnam on the approval and enforcement of foreign arbitral awards. Such is the case because the law in Vietnam and the court's position on the approval and enforcement of foreign arbitration awards issued by the courts depend on the possibility of realizing the parties' rights concerning their disputes. Therefore, it is of great value both theoretically and practically to analyze the exact differences between approval and the denial of approval. Vietnam has enacted the Commercial Arbitration Act, which replaces the previous Commercial Arbitration Decree and creates an arbitration-friendly environment that meets international arbitration standards. Regarding the approval and execution of foreign arbitration awards, the Commercial Arbitration Act, the Civil Procedure Act, the Civil Execution Act, and the Vietnam Foreign Arbitration Awards Approval and Enforcement Ordinance are regulated. Following these laws and regulations, the reasons for the approval, enforcement, and rejection of the arbitral award are specified. In accordance with these laws and inappropriate arbitration agreements, an arbitral award beyond the scope of its right of disposition, an arbitral tribunal, or the concerned parties could not be involved in a proceeding or an arbitral award if the involved party does not have an opportunity to exercise its rights lawfully. If the state agency in the forum does not recognize the arbitral award, the dispute is not subject to arbitration under Vietnamese law, or the arbitral award does not conform to the basic principles of Vietnamese law, the parties are not bound, and the foreign arbitration award is rejected for approval and execution.

글로벌 무역환경 변화에 따른 우리나라 대학의 선진형 무역전문인력 양성방안에 관한 연구 (A Study on the Proposal for Training of Global Trade Expert of Korean University under Global Trade Environment)

  • 한은식;박광서
    • 무역상무연구
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    • 제47권
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    • pp.403-428
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    • 2010
  • Our country's sustainable trade growth fundamentally depends on the supply of excellent labors called global trade expert. He or she is required several knowledge and skills not only trade, marketing, information technology, foreign languages but also global mind. Universities have to supply excellent global trade expert to companies according to needs and wants. The object of this paper is to propose some ideas for training of global trade expert of Korea university under global trade environment. First, global companies prefer labors who have not only some skills about specialty and communication skill but also personality on passion, creativity, leadership and so on. Second, The university's curriculum needs to improved in terms of "convergence" and "specialty". In nature, trade major treats lots of subjects such as trade, business adminstration, economics, international law, international commerce, logistics, marketing, etc to catch up changing global business circumstances and companies' needs. Therefore convergence of adjacent field is very important in study and training. Finally, Universities need to use field-specialist to supplement of trade working experience as instructors and practitioners. The concept of convergence and specialty is not separated but harmonious each other.

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Research on sustainable development of international trade in Shandong Province under the background of the fourth industrial revolution

  • ZHANG, Fan
    • 한국인공지능학회지
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    • 제8권2호
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    • pp.17-22
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    • 2020
  • Purpose: After entering the 21st century, a new industrial revolution, i.e. industrial revolution 4.0, which is characterized by intelligence, automation and networking, has opened the curtain of the "industry 4.0" era. In recent years, "low-carbon economy" has been a development goal that has been paid close attention to and adhered to at home and abroad. As a major economic province, Shandong Province has not only brought about rapid economic growth, but also caused rapid environmental deterioration due to its high energy consumption, high dependence and high environmental pollution. In this environment, low-carbon economy has become an inevitable trend in the development of foreign trade in Shandong Province. Based on the current situation of foreign trade in Shandong Province and various existing problems, this paper explores the relationship between low-carbon economy and foreign trade in Shandong Province under this strategic background. Research design, data and methodology: By selecting the data from 2008 to 2017, using the carbon emission coefficient method to measure the CO2 emissions in the past decade, analyzing the impact of ecological factors on trade, selecting the most representative GDP and total imports for regression analysis, it is proved that they have a real impact on CO2 emissions. The total GDP is positively correlated with carbon emissions, while the total import is negatively correlated with carbon emissions. Results:This paper discusses the impact of low-carbon economy on foreign trade of Shandong Province from the perspective of foreign trade. Especially in today's "low-carbon economy" background. Conclusions:it is helpful for relevant departments to formulate relevant policies and promote the sustainable development of foreign trade in Shandong Province.

An Empirical Study on the Impact of Trade Facilitation on China's Export Trade

  • ZHAO, Xinyu;ZHANG, Fan
    • 산경연구논집
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    • 제11권9호
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    • pp.7-16
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    • 2020
  • Purpose: Many studies show that promoting the development of trade facilitation has a positive role in stimulating the country's foreign trade. Therefore, it is of great practical significance to study the development level of trade facilitation for China's export trade. Research design, data and methodology:This study analyzes the growth trend of China's export trade volume in 2009-2019, the characteristics of China's export trade market according to the top 18 major exporting countries in 2017-2018, the structure of export commodities to understand China's economic development level, and compares the total amount of trade exported to all uses this to measure the level of trade development. On this basis, this paper selects the 2011-2018 Trade Facilitation Index and C continents to study the development trend. Based on the theory of trade facilitation, this paper constructs the Trade Facilitation Index, and hina's export trade volume for empirical research. Results: The results show that trade facilitation has a positive and significant impact on the development of China's export trade. Conclusions: Based on the analysis of the actual situations and empirical results, this paper puts forward some suggestions to promote the level of trade facilitation in order to promote the development of import and export trade.

중국, 대만, 일본, 한국의 무역분쟁처리제도와 상사중재실태에 관한 비교연구 (A Comparative Study on the Trade Dispute Resolution System and the Commercial Arbitration of China, Taiwan, Japan and Korea)

  • 최장호
    • 한국중재학회지:중재연구
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    • 제8권1호
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    • pp.55-85
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    • 1998
  • Each of China, Taiwan, Japan and Korea is in international trade one of the major countries in Asia and has been influenced by the Chinese character culture and the Civil law system. All these countries have their own commercial dispute resolution system for international trade dispute and commercial arbitration mechanism in their countries. They are making their own effort to internationalize and improve their commercial arbitration system. Among these countries China enacted a new arbitration law already. At that time Chinese arbitration law was referred to the UNCITRAL Model Law on International Commercial Arbitration for internationalization of Chinese commercial arbitration system. China also internationalized the panel of arbitrators by increasing the foreign arbitrators of the panel of arbitrators of CIETAC. These measures adopted by China will be the model of dispute resolution and the commercial arbitration system in other major countries in Asia.

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중국국제경제무역중재위원회(CIETAC)의 중재규칙에 관한 연구 (A Study on the China International Economic and Trade Arbitration Commission(CIETAC) Arbitration Rules)

  • 우광명
    • 한국중재학회지:중재연구
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    • 제16권1호
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    • pp.121-151
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    • 2006
  • As globalisation extends its effect and particularly following China's accession to the World Trade Organization(WTO) in 2001, ever greater numbers of international transactions will feature a Chinese party. China has certainly made efforts in recent years to rectify law problem. While conducting business in China, foreign companies occasionally find themselves embroiled in disputes with Chinese individuals and companies. As foreign businesses invest in the extraordinary market opportunities in China, international arbitration has also become the preferred method for handling disputes with Chinese partners or with other foreign corporation over operations in China. The new Arbitration Rules of the International Economic and Trade Arbitration Commission(CIETAC) came into force on 1 May 2005. The new rules represent a major overhaul of CIETAC arbitration procedures and are sure to enhance CIETAC's position as a leading player in the resolution of China-foreign business disputes. The changes are significant for all companies doing business in China. So, this article investigated some amendments on the basis of 2000 Rules.

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A Study on Improvement of Import Insurance for Importers

  • Kim, Jae Seong
    • 무역상무연구
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    • 제60권
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    • pp.195-209
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    • 2013
  • South Korea, despite the financial turbulences has marked the trade volume of USD 1 trillion and marked $7^{th}$ largest exporter in 2013. Approximately 40% of the entire import of Korea was for export. In the South Korean trade structure, import and export are closely related, requiring proactive import financial assistance policies. Recognizing this, K-sure has made import insurance policy available on the market since July 2010. The K-sure insurance policy targets both financial institutions and importers. This is the reason why this research seeks to review the import insurance terms for importers and compare with foreign import insurance products to find out ways to improve. K-sure's import insurance for importers is to cover a loss of a policyholder when the policyholder or importer domestically addressed made a prepayment but cannot receive goods. The import insurance is applied to import transactions of goods or resources. K-sure's import insurance coverage needs to be expanded to intermediary trade and consignment processing trade, etc. In this sense, a more systematic educational program should be introduced about K-sure's import insurance.

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