• 무역상무연구
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• 제52권
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• pp.25-44
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• 2011

Possibility of credit risk, foreign exchange risk and interest rate risk of exporter increases in the recent international Commercial transactions, due to financial crisis of Europe and liberalization of Middle East. Under this circumstance, Forfaiting is trade finance that forfaiter purchase negotiable debt instrument without recourse from exporter, which occurred related with international commercial transactions, and credit risk, contingency risk, foreign exchange risk and interest rate risk of exporter can be transferred to forfaiter. Forfaiting is typically medium-term finance(three to five years) concluded at fixed interest rate, although it can also arranged on a floating interest-bearing basis for periods from six months to ten years or more. But Forfaiting service of Korea has limitation as follows. First, forfaiting in Korea deals with unrestricted irrevocable documentary credit as debt instruments. Period that forfaiting is provided is short and amount of money is limited, compared with advanced forfaiting. But forfaiting provided in advanced countries deals with various methods such as guarantee for bill, payment guarantee, and can be resold in financial market. Recently importance of forfaiting is increasing in international commercial transactions. Therefore profound study on forfaiting is required. The study will examine the risk that happens to the concerned parties in forfaiting, and its management measures. The study adopted literature review method such as local and foreign books and papers about trade finance, internet information about forfaiting, and professional journal related with international finance.

• 의료법학
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• 제7권2호
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• pp.311-330
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• 2006

As issues of education, employment and so on, the medical issue is one of the hot spots of society in China today. The health system reform which was pushed ahead after China's Revolution and open to the outside world hasn't received great progress. Many actual problems haven't been solved, for example it is difficult and expensive to see a doctor. With the development of the economy and society, the citizen's legal consciousness has gradually risen. They make a claim for better medical service. At the same time, the number of the disputes of medical care arises annually. China has sped up the opening of service trade for fulfilling promises of entry the WTO since 2001. China has already opened many service trade fields, including medical field. From the domestic perspective, there are many problems in domestic medical department. From the international perspective, China's present medical level falls behind the world advanced medical level. Under this background, it is a bold act for China to open the medical service field to foreign investors. Today, a huge medical service market is developed in China. However, the government's investment to medical devices and the financing channels is limited. Therefore, it is inevitable that individuals, social organizations and foreign investors invest to the medical market. In view of the situation, Chinese government issued a series of relevant laws and rules. In recent years, many multinational companies, consortiums, charitable institutions, enterprises and individuals establish various medical institutions in China. But there are rare research in the actuality and legal subject of foreign investment to Chinese medical market. Hence, it is necessary to realize the actuality of foreign investment to Chinese medical market, to familiar with the elements and procedure of establishing foreign joint and cooperative medical institution. Meanwhile, analyzing the existing problems and posing the legal subject have important theoretic and practical value.

• 통상정보연구
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• 제8권1호
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• pp.243-257
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• 2006

This study is to introduce the Chinese Contract Law against non-performance of the contract and to solve the wide range of problems involving to executing the trading contract. The parties' liability for the period of performance, the place of performance, the failure to deliver conforming goods together with it's nature of the lack of conformity, and the methods of compensation against damages and the force majeure clauses application. Those issues affect directly to commercial transactions in international business. The focus is more on the interrelationship of private individuals in its trade and on aiming to remove the legal obstacles from the Chinese Contract Law to freely flow of international trade. Reference may include foreign corrupt practices, Conventions on Contracts for the International Sale of Goods and Laws of England, France, and Japan. This study has brought the efforts of these issues in the full spectrum of performance and with concentrations on effectiveness to avoid the different viewpoints of the general principles of CISG and commercial practice founded pre-eminently. This study, in presenting the legal framework, will contribute to a better understanding of the purpose of rules of Chinese Contract -Law as they interact to the benefit of the parties involved in international trade transactions. The writer believes that a problem-oriented approach and the concentration as outlined above would offer a different perspective for law faculty teaching in this area and hope that this study can be sufficiently diverse to satisfy many of those views.

• 무역상무연구
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• 제50권
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• pp.309-331
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• 2011

Today, the world is considered to indispensable basic data in specific gravity of international trade is increasing in economic activity of every country with globalization, and trade connection index number analyzes an economy or part of trade that contribute to economic growth of a country along with other foreign trade statistics and evaluates along with this. Also, it is becoming one of big subject for economic policy person in charge and related economists I do how measure movement of amount, price and amount of materials in trade. But, about till now interest lack about trade index and trade index creation theoretical, it is actuality that export, import connection index number or similar research is not attained much into domestic and overseas from study tribe which is gone ahead. Moreover, study that try to judge and forecast stream of market applying trade connection index number is hard to find on study until now. And, in this research, there is the objective to figure out stream of Korean market change through trade business index creation that base on Korea Customs Administration export and the importation data and this is differences with several study, and at the same time, it is value of this study.

• 무역상무연구
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• 제43권
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• pp.397-422
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• 2009

Electronic trade reduces additional costs generated from the issuing and management of paper documents, and overcomes the physical limitations of commercial transactions as well as the geographical and time limitations resulting from trading with foreign countries. These characteristics of electronic trade guarantees better and more effective global marketing for companies. In addition, by expanding relative superiority of large corporations to medium-small sized companies, many medium-small companies have shown great interest in electronic trade to promote its exporting businesses, and implementing changes to facilitate electronic trade into their business system. Therefore, it is expected that the electronic trade will be more widely distributed and utilized by businesses of all sizes in the future. The adaptation and implementation of the electronic trade system can only have prosperous effects when there is a high efficiency in the utilization and service process of the concerned company. Under this premise, this research first examined electronic trade, characteristics of the company and information utilization as the key elements to determine the effectiveness of the utility aspect. Then it examines confirmation of product demand, registration of revenues, and authorization as the key elements to determine the level of service process.

• The Journal of Asian Finance, Economics and Business
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• 제8권11호
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• pp.47-66
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• 2021

Despite the dominance of the USD as a vehicle currency in non-US trade, most studies on the exchange rate-trade balance relationship ignore its importance. Some recent J-curve papers have proved that incorporating the role of USD as vehicle currency as a crucial determinant of trade balance can well reflect the reality of global trade and provide more detailed findings. Motivated by this new approach and by the fact that USD is substantially used in the trade between China and the EU and the UK, this paper scrutinizes how the vehicle currency USD and the bilateral exchange rates asymmetrically affect China's trade balance with each EU country and the UK. The results of NARDL estimation indicate that the USD models outperform the bilateral exchange rate (BER) models in terms of detecting significant long-run and short-run coefficients, which confirms the usefulness of the new approach. Also, this paper finds that the USD/CNY exchange rate cannot be neglected in China's trade with the EU and the UK, which can supplement China's policies on international trade and foreign exchange management.

• 통상정보연구
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• 제15권1호
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• pp.357-379
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• 2013

최근 우리나라는 외화획득용 원료 등 구매제도에 대해 전자화를 도입하게 되었다. 정부는 구매확인서의 전자화를 위해서 2011년에 대외무역관리규정을 개정하였다. 또한, 외화획득용 원료 등 구매제도에는 구매확인서에 이어 2012년에 내국신용장도 전자화하였다. 이는 우리나라 전자무역이 로컬거래 절차의 전자화를 추진하게 되는 것이다. 본 연구에서는 외화획득용 물품관리제도에 대한 선행적 고찰과 대외무역관리규정의 개정을 통한 구매확인서 전자발급의 의무화 및 한국은행 무역금융 취급세칙의 개정으로 내국신용장의 전자개설 의무화에 따른 이론적, 법적 고찰과 로컬거래 절차의 전자화의 추진인로컬거래 통합관리시스템의 구축에 있어 법적, 실무적 문제점과 대응방안을 분석하였다.

• 무역학회지
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• 제44권6호
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• pp.1-21
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• 2019

In the case of a sea transport contract, the decision of the governing law, together with the choice of lex fori, shall be a legal issue in all legal disputes involving damage to the goods. In sea transport contracts, a paramount clause is often established in conjunction with the governing law clause, which can lead to conflict between these two clauses. Most B/L's back clauses contain a paramount clause that provides that the Hague Rules, Hague-Visby Rules, or foreign laws that prevail over other provisions of the terms. The Hague Rules and the Hague-Visby Rules, however, set different standards regarding the extent of the sea carrier's liability. Therefore, in the interpretation of ground conditions, it is an important question whether the Hague Rules or the Hague-Visby Rules are applied or whether each rule is applied as a law. For example, the paramount clause in the Superior Pescadores case was problematic in the interpretation of the term 'Hague Rules.' In this case, the English Court held that the expression 'Hague Rules' could be used to mean the Hague-Visby Rules, and not exclusively the Hague Rules. Therefore, the Hague-Visby Rules were applied in the judgment of this case, which suggests that this case can be a valuable precedent in future legal matters.

• 정보학연구
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• 제6권3호
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• pp.11-32
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• 2003

독일의 무역제도는 독일 대외경제법과 대외경제법 시행령을 근간으로 하여 이루어지고 있는데 EU의 지침에 영향을 받고 있다. 독일의 전자무역과 관련한 시스템 구축여건은 아직 열악한 상황에 있다. 이것은 독일의 전자무역시스템 구축이 EU 역내 회원국들의 전자무역시스템 구축과 연관되어 있기 때문에 발생하는 문제라고 본다. 그렇지만 현재로서는 전자무역 시스템 구축을 위한 노력이 다각적으로 이루어지고 있기 때문에 우려할 문제는 아니라고 본다. 독일의 전자무역 관련 법제는 EU와 연계되어 제정 또는 개정되고 있는 실정이다. 그러므로 우리나라가 독일과의 교역을 증대시키기 위해서는 독일 무역시장에 대한 다각적이고도 체계적인 연구를 하여 독일과 직접 전자무역을 하거나 계획을 갖고 있는 관계자들에게 정보를 제공하여 이해를 증진시킬 때 그 효과가 극대화 할 것이라고 본다.

• 한국중재학회지:중재연구
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• 제15권3호
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• pp.113-137
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• 2005

In the provisions of 'the Arbitration Law of China, there are special provisions for international arbitration. When a court refuses the recognition and enforcement of foreign arbitral awards or cancel the domestic awards relating to international arbitration, they have to adopt the provisions of 'Chinese Civil Procedure Law'. These provisions are the same as the provisions of Korean Civil Procedure Law concerning the reasons of renewal. In the Korean Arbitration Act, those provisions disappeared when it was revised on December 31, 1999. Among the characteristics of the Chinese arbitration system, a serious question is that it provides only institutional arbitration and there is no ad-hoc arbitration in the Chinese Arbitration Law. On the other hand, when the parties appoint three arbitrators according to their agreement, the parties appoint the third arbitrator by mutual agreement and when they fail to agree, the Arbitration Committee appoints the third arbitrator. In practice, as the parties hardly agree on the third arbitrator or sole arbitrator, the Committee usually appoints them. And appointing an arbitrator from out of their panel of arbitrators is permitted these days only under examination by the Arbitration Committee in accordance with the arbitration rules of the China International Economic and Trade Arbitration Commission, Other arbitration committees except the China International Economic and Trade Arbitration Commission are still prohibited from making appointments from out of their panel of arbitrators. Accordingly, arbitration in China cannot be predicted and poses a question about legal stability as party autonomy is restricted in the appointment of arbitrators and arbitral procedure. Such being the case it is strongly recommended to select Korea as the place of arbitration in transactions with China. However it is better to arbitrate than to file a law suit in China.