• International Journal of Computer Science & Network Security
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• 제22권9호
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• pp.59-62
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• 2022

In the scientific research, the object of research is a complex of legal relations, which are formed by the use of modern digital technologies. The subject of this work is the novelties of Ukrainian and foreign legislation, norms of international law aimed at regulating social relations in the field of digital rights, as well as doctrinal provisions and materials of law enforcement practice. Within the framework of this work, two types of digital rights are distinguished, those that exist in the law of Ukraine, and the issues of law that apply to legal relations, regarding the turnover of each of them, are considered. Examples of law applied in foreign countries are given for comparison. On the basis of a comprehensive study of the legal framework and positions of scientists, the prospects for the development of legal regulation of digital rights were noted.

• 한국중재학회지:중재연구
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• 제24권3호
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• pp.79-103
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• 2014

In light of increasing international trade in recent years, international arbitration has been more widely used by international parties to resolve their conflicts. Thus, the need for reliable and effective enforcement of foreign arbitral awards has amplified. To facilitate the enforcement of foreign arbitral awards, the New York Convention lists grounds for the refusal of recognition and enforcement in Article V. This paper examines prominent U.S. case law on Article V(1)(b), which is put in place to ensure that arbitration proceedings are conducted properly in accordance with due process requirements: proper notice to parties and an opportunity to a fundamentally fair hearing. This examination of case law conveys that U.S. courts refuse to enforce foreign arbitral awards pursuant to Article V(1)(b) only when due process rights of the party against whom the award is to be enforced are clearly violated by the arbitral tribunal. This paper also reveals that U.S. courts mainly defer to arbitral tribunals' discretion, especially as to evidentiary matters. Therefore, it is predicted that U.S. courts will likely continue to narrowly construe the grounds in Article V to facilitate reliable and effective enforcement of foreign arbitral awards in the U.S.

• 무역상무연구
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• 제57권
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• pp.243-282
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• 2013

This study aims to develop the research model about the factors that have impact on uTradeHub users' acceptance and resistance to innovation. The followings show the research hypotheses and the results of test. i) The result of H1 empirical analysis confirmed that relative advantage and task adaptedness of e-Trade have more impact on acceptance of innovation than on resistance to it. And also perceived risk and complicity of e-Trade have more impact on resistance of innovation than on acceptance to it. ii) The result of H2 analysis confirmed that the characteristics of foreign trading companies (support by CEO and IT infra maturity) has more impact on acceptance of innovation than on resistance to it. iii) The result of H3 analysis confirmed that characteristics of uTradeHub user' resistance has more impact on resistance of innovation than on acceptance to it. And also, it was confirmed that acceptance of innovation has more impact on the diffusion of e-Trade than resistance to innovation. iv) The result of H4 analysis confirmed that the difference of the degree and factors that has impact on the user's resistance and acceptance by adoption stage of e-Trade. This study has significance in that it arranges the concept and stages of e-Trade systematically and, unlike other studies, it goes beyond the acceptance and diffusion of e-Trade to the inclusion of resistance together in the model.

• 무역상무연구
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• 제62권
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• pp.55-86
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• 2014

Korea has become a member of the United Nations Convention on Contract of the International Sales of Goods (the 'CISG') effective since March 1, 2005. As, therefore, the governing law of the general terms and conditions (the 'GTC') in the Government Foreign Procurement Contract (the 'Contract') is mandatorily fixed to the Korean Law, the CISG, as an International Convention, now having an equivalent or even higher status to the Korean Law, unless expressly excluded, will be priorly applied to the Contract where a transaction occurs between its members. In this regard, this study focuses on how to find the way for the CISG to be a governing law of the GTC in order to eliminate legal uncertainties and lacks of foreseeability prevailed in the international trade. For that purpose, the legal aspects of GTC, and the Buyer's remedy for the Seller's breach of the Contract are analyzed in accordance with the comparative study between the CISG and the GTC including the relevant case studies. As a result of this study, the application of the CISG into the GTC is highly recommended in order to reflect into the Contract such features as fairly harmonized for the interest of both parties. Taking this opportunity, a GTC, amended from the existing one, or newly formed, within the perimeter of not conflicting with the provisions of the CISG, including but not limited to the Civil Law and Commercial Law, is required in order to evenly share each party's responsibilities and obligations where the breach or remedy of the Contract is, and, thus, which will ultimately contribute to an efficient conduct of the Contract.

• 무역상무연구
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• 제57권
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• pp.221-241
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• 2013

Country of origin is very important in terms of consumers right to know, protection of producer, national finance and tariff preference etc. The principal issues related to country of origin are breaches of origin mark, determination of origin of OEM products, domestic products using imported raw materials, exports products, and fairness of penalties. This study focus origin mark issues on key components and set products which have not been treated so far. First, Origin mark issues on key components need to introduce multiple countries of origin for the same products. Some specific products, which are considered important key components or materials, has to mark multiple country of origin in terms of portion and significance. Next, Origin mark issues on set products need to expand the objects from 15 listed items of Korea Foreign Trade Act to all items of HS tariff schedules of Korea Customs Act. A set products which below 15% of components can mark single country of origin like FTA agreement such as Korea-EU FTA, Korea-EFTA, Korea-US FTA and Korea-Peru FTA.

• 무역상무연구
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• 제66권
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• pp.241-261
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• 2015

About trade show strategic practical use plan, sought practical use plan hereafter with problem in 5 side. First, need that supply reliable and objective information about exhibition utilizing active public relations of domestic trade show certification system and international certification system. Second, I need to reinforce budget support estimation to expand governmental budget support and strengthen professionalism of exhibition operation. Third, need to seek globalization strategy of exhibition industry concretely to overcome realistic limit of domestic exhibition industry. Institutional improvement for long-term public information of exhibition and participation company's satisfaction raising and infra for gallery's management result should be established. Fourth, need excavation of various first-hand field marketing that can dig various interaction method with customers and invite new customers by booth exhibition. Fifth, need professional worker positivity, deflation that fulfill knowledge that is adapted, and precedes in environment worldwide exhibition industry training actively universal exhibition industry professional worker. Foreign exhibition is an one of marketing tactics that is generalized that can approach to oversea market in less expense relatively. To measure exactly fact and participation result of exhibition that select suitable exhibition in one's own company's marketing goal in company's standpoint that participate in exhibition according as exhibition number is increased and function of exhibition is diversified became difficult.

• 수산경영론집
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• 제51권4호
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• pp.47-67
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• 2020

I explore that South Korea's major import fishery product markets-frozen hairtail, frozen mackerel, frozen pollock and frozen squid-are integrated by testing whether there is favorable evidence of the law of one price (LOP). Unlike previous studies on the LOP for fishery product markets, I assume non-zero import costs and include them in a trade model. To explore whether LOP holds for major import fishery product markets in South Korea with non-zero import costs, I utilize a non-linear time-series model, Smooth Transition Autoregressive (STAR) model with the sample periods from January in 2002 to December in 2019. I find that the behaviors of home-foreign price (i.e., import price) differentials of all four major import fishery products are non-linear depending on whether trade occurs and favorable evidence of LOP for each import market in South Korea. These findings indicate that each of South Korea's major import fishery product markets is integrated. They imply that the supply of each major import fishery product-frozen hairtail, frozen pollock, frozen mackerel and frozen squid, and their prices are stable even if there is an economic shock on each market. When it comes to trade policy implications, the Korean trade policy including tariffs or quotas against their import countries for the four major import fishery products may not have influences on their price in the markets.

• 한국중재학회지:중재연구
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• 제17권3호
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• pp.145-167
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• 2007

Digital goods are defined as intangible and non-physical goods, composed of a combination of digital signals, electronically represented as 0 and 1. They are also called as digital products, electronic transmissions, information goods, digital contents, computer information, etc. Digital goods are now traded both domestically and internationally as well as on-line and off-line. Korean government revised the Basic Law on Foreign Trade to include digital goods and services as the scope of foreign trade in 2001. Trade volume of digital goods are increasing in Korea. The supply chains of digital goods from producing the components to selling globally to consumers are different from conventional physical goods. Mostly, digital goods are traded on the license basis rather than ownership contract. End User License Agreements(EULAs), such as shrink-wrap, click- wrap, or browser-wrap licenses are very popular in online transactions. Unlike conventional physical goods. the breach of license contract is closely linked with the infringement of intellectual property rights. Digitalized intellectual property is easy to copy and transmit in the cyber space. In cases of legal disputes from the breach of license contract, commercial arbitration or on-line alternative dispute resolutions(ADRs) are regarded as better approach to solve them rather than court sues. For promoting more secure and reliable international trade of digital goods. arbitration clauses should be included in most of license contracts.

• 무역상무연구
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• 제68권
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• pp.1-21
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• 2015

The purpose of this study is to propose a new mechanism for the global transmission of electronic trade documents and to promote them using it. Trade settlement methods are changed from L/C bases to non-L/C bases and in particular, the telegraphic transfer is dramatically increased since mid 1990. But the status of transmission of electronic trade documents still rely on the letter of credit and bill of lading. So it need to change the process of transmission of electronic trade documents utilizing non-negotiable sea waybill instead of bill of lading. In this study, I pointed out two problems as obstacle factors in global transmission of electronic trade documents. First is the system connection problem between domestic and foreign banks and second is the electronic right transfer problem in the bill of lading. Electronic bill of lading has already been made, but are not used and e-Nego has also not been activated under the above issues. Therefore, it should be solved previously the above problems for the global transmission of electronic trade documents under the letters of credit. However, in transactions of transfer, it does not need the inter-bank connection and also does not occur the electronic right transfer problem of bill of lading if using the non-negotiable seaway bill instead of bill of lading. In this paper, I recommend the global transmission strategies of e-trade documents using the non-negotiable sea waybill in transactions of transfer. Hopefully, I expect the activation of global transmission of e-trade documents through the utilization of electronic non-negotiable sea waybill as suggested by this study.

• 한국지능시스템학회:학술대회논문집
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• 한국퍼지및지능시스템학회 2000년도 추계학술대회 학술발표 논문집
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• pp.129-132
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• 2000

Grouping ports in certain region by their characteristics could be used as the principal informations to establish national policy for port development or investment and also to analyze the competitiveness between ports. Currently Korean ports are divided into two groups such as the local port and the designated port containing foreign trade port and coastal port under the Korean port law. These divisions seem to be used for port administration as the matter of convenience but some qualitative grouping is needed for research of port problems. In this paper, 28 major Korean ports were clustered by the similar characteristics using Fuzzy C-Means and found to be classified 8 qualitative groups.