• 무역학회지
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• 제46권1호
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• pp.155-168
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• 2021

The EU and the UK apply a treaty to establish new relations from 2021. Brexit is making a big difference in relations among the EU, the UK, and third countries. A new paradigm of international law has begun to be applied to relations among Korea, the EU, and the UK. The UK was excluded from the application of the Korea-EU FTA, and the Korea-UK FTA was applied to trade relations between Korea and the UK. The signing of these new treaties and the changes in the subject to which they apply are impacting the existing international legal system. The countries are showing some response, but it cannot be evaluated as a complete level, and there are still tasks to be solved. Therefore, the legal basis for EU-UK relations, Korea-EU relations, and Korea-UK relations should continue to be laid down in the future. The Korea-UK FTA cannot govern all the problems arising from trade and economic cooperation. Many interests that the UK did not reflect in the course of previous Korea-EU FTA negotiations will be revealed, so a new legal framework for Korea-UK bilateral relations will be established according to the negotiations between the two sides. There should be more detailed research and suggestion of alternatives in the field of law.

• 무역상무연구
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• 제51권
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• pp.3-54
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• 2011

The important and main purpose of revision of Incoterms rules are to adapt it to contemporary commercial practice in world trade, and to contribute to great service to foreign trade. Incoterms$^{(R)}$ 2010 revision basically focuses on trade terms to be used for any mode or modes of transport at compared Incoterms 2000 gouping in four basically different categories, and presents trade terms to be used for traditionally seaborn trade. Therefore the former is for trading in manufactured goods involved in containerization, the latter is for trading in community. This study focuses on a motive of revisions and main features of the Incoterms$^{(R)}$ 2010 rules, an outline, the problems and alternative of them. In conclusion, I would like present as follows; (1) Although they only concerned the models of delivery and critical point, they only say a few of the many factors of a sale contract, that is to say for the devision of fuctions, costs and risks between the contracting parties as supplement law, but the guestion of the legal position of Incoterms rules is various in different countries and scholars. in spite of that, it must focus on the practical application and the wide acceptance of Incoterms rules in world trade. (2) Although they present more simple and clear, unfricative, than Incoterms 2000 rules, in order to help users, the need to unify consistently and fully explanate in contents and expression. (3) Introduction and guidance note of Incoterms$^{(R)}$ 2010 rules basically focuses on the understanding of a motive of revisions as compared Incoterms 2000 rules. But it is well advised to do this on the assumption of understanding the various basic meaning of terms. (4) finally, trade concerned regulations take account of the reflection for the application to domestic and international trade according to formally reconization of availability for both trade.

• 무역상무연구
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• 제56권
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• pp.29-54
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• 2012

As market is more and more mature, the survival environment of exporting companies is getting severer, which throws exporting companies into great pressures of the process of growth and development. For most businessmen, the hardest part of starting a foreign business is to find buyers or to get customers, which is more critical for small and medium-size foreign enterprises. The fast changes of internal and external trade and market circumstances, together with the advent of e-commerce, led to the diversified of the way to find foreign buyers for exporting companies. But the performance differs in using different ways of finding foreign buyers. Therefore, this study examines the status of the methods of finding foreign buyers and performance of exporting companies in China. Based on the investigation of the ways of finding foreign buyers, this study tries to find out the most efficient ways of finding foreign buyers for them. And this study tries to propose some practical suggestions for the exporting companies based on the analysis that will help them to improve companies' performances.

• 무역상무연구
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• 제60권
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• pp.177-194
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• 2013

According to the 2013 statistics, the small/medium-sized enterprises (SMEs) accounted for 99.9% of the Korean economy with 87.8% of employment. This simple figures also indicate SMEs export extension is a key task for the national economy stimulation and job creation. The SMEs export plunge has been affected by the European financial turbulence, US financial instability, developing countries like China entering foreign markets, a weak yen, etc. EXIM Bank, in this context, will need to take a more proactive attitude to provide trade finance by, for example, reviewing the business feasibility for SMEs with a lower credit rank or investigating importers' credit status, etc. Moreover EXIM Bank provides factoring service mostly to large companies and should lower its threshold for service provision to SMEs. Finally EXIM Bank should play more than a primary forfeiting market entity. It also needs to facilitate the secondary forfeiting market.

• 통상정보연구
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• 제10권2호
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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.

• 무역상무연구
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• 제67권
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• pp.209-231
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• 2015

The accurate national trade statistics can show the real nation's trade situation, and contribute to setting up the national's trade plans and corporate's strategies. This study researches the differences between trade statistics and actual trade record among the national and international statistics and suggests improvement plans to solve the problems. There are 4 types' differences among the trade statistics as follows; First, a statistical differences between Korea Customs Service and Bank of Korea by yearly US$9.6billions because of standard and boundary of trade statistics. Second, a statistical differences between Ministry of Trade, Industry and Energy and Korea Customs Service because of the time and purpose of trade statistics release. Third, a statistical differences between Korea and counterpart countries because of standard of trade statistics, intermediate countries and rules of origin. Lastly, a statistical differences between nation's statistics and corporate record because of typing errors and indirect export record. The fundamental improvement plans are Korea statistics rules like Korea Foreign Trade Rules and Korea Custom Rules, need to coincide with the international rules like IMTS, MSITS, BPM6 etc. Especially the rules of statistics related to intermediary trade, processing trade and transit trade have to revise with new BPM6 rules. In addition, a reasonable care of trade statistics from accumulation to utilization of trade information is more important than statistical regulation or system, so all persons concerned including exporters, importers, government official pay attention the statistics and cooperate together.

• 무역상무연구
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• 제17권
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• pp.7-35
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• 2002

In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.

• 무역상무연구
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• 제43권
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• pp.481-507
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• 2009

Along with continuous increase in international investments encouraged by wide spread bilateral investment treaties (BIT) including free trade agreements (FTA), international investment disputes have been also increasing. This means that a host State, an importer of foreign investments, and a investor who exports its investment to foreign State, need to take measures to prevent international disputes arising from international investment or to prepare for the arbitration for resolving the disputes. Under these circumstances, this paper compares ICSID arbitration rules and UNCITRAL arbitration rules in respect of (i) the institution of arbitration, (ii) the appointment of arbitrators and the composition of arbitral tribunal, and (iii) the procedures for, and the form of, arbitral awards. On base of this comparison, this paper further suggests certain practical issues that the host State's government and the foreign investors should be aware of in order to be ready for the resolutions of disputes by ICSID or UNCITRAL arbitrations.

• 무역상무연구
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• 제44권
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• pp.257-279
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• 2009

The underlying purpose of this paper is to interest scholars in 'Trade English'. 'Trade English' has to be recognized as one area of 'International Trade' disciplines and more studies have to be carried out with more attention from the scholars. Although there are many areas to be dealt with in 'Trade English', this paper discusses about the syllabus design of 'Trade English' from an educator's point of view. First of all, this paper reviews some theoretical background researches about needs analysis and syllabus design in 'Trade English' teaching and learning as ESP. With a systematic structure under the decent syllabus, selection and sequence of contents get clear and easier. Secondly, along with the rationals based on theoretical researches, how these theories are being or can be applied to the real classroom are discussed for further studies. A different syllabus would be designed according to needs analysis. In reality, the syllabus for practitioners who are doing their jobs in International Trade areas has to be definitely different from the one for pre-practitioners who are studying in International Trade areas at the tertiary education level. Namely, different learners present different needs and different needs make up the different syllabus. In order to provide these learners with the syllabus which can address their own needs, more researches or studies have to be done in the future. Since 'Trade English' is the discipline where two areas-International Trade and English as a second/foreign language-are mixed, the researches or studies also have to be carried out collaboratively by scholars from both areas.

• 무역상무연구
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• 제37권
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• pp.329-360
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• 2008

In Korea, the major of international trade and business introduced in the 1960s to supply trade expert to trading companies, and the heyday of the trade major was in the 1980s. However the trade major fell into decay from the middle of 1990s. The purpose of trade education in university is to supply high qualified employees to societies and companies. The problem is that companies have difficuties for recruiting of trade expert, on the other hand university graduates have few job oppertunies. It has some discrepancies between education and field. The object of this paper is to propose a direction of modification of the trade and international business curriculum for global trade expert. We research international trade and business departments' curriculums of GTEP universities. GTEP stands for global trade expert incubating program started from 2006 which have charge of MOCIE and KITA. First, in the title of department, a lot of former researchers have taken up the position to return "Trade" or "International Trade". We think more important fact is not the title of department but the curriculum, so we insist on a harmony between the department title and curriculums. The focus of modification of curriculum is to educate global trade expert, so we need to know about global business environment and companies' needs also. Second, We propose the directions for modification of curriculum are "convergence" and "specialty". Trade major is a mixed study in nature and trade major try to treat lots of subjects such as trade, business adminstration, economics, international law, international commerce, logistics and marketing etc to catch up changing global business circumstanses and companies' needs. So convergence of adjacent field is very important in study and training. Specialty means selection and concentration strategy for global trade expert. It is difficult to learn every knowledge and skills for employer's needs in 4 years and 140 credits. A students who has studied basic subject in trade, management, economics can choose 1 or 2 specailty subject such as trade and e-commerce, global marketing, logistics and transportation, commerce and policy, servive trade, foreign language and cross culture etc. In concusion, the concept of convergence and specialty is not separation but harmony each other, so we propose to promote two concept together for modification of the trade and international business curriculum for training of global trade expert.