• 한국항만학회지
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• 제14권2호
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• pp.143-154
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• 2000

In port management, the scale of facilities and port layouts are major factors characterizing the port, which influence port economics and productivities continuously through the port operation. 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, 20 major Korean ports were clustered by the similar characteristics using Fuzzy C-Means and found to be classified 8 qualitative groups.

• Journal of Korea Trade
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• 제26권3호
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• pp.102-116
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• 2022

Purpose - This paper empirically investigates the relationship between firm productivity and importing intermediate inputs in the Korean manufacturing sector. Design/methodology - This paper tests the two related hypotheses on the relationship between importing and productivity for a sample of Korean manufacturing firms. We test the self-selection hypothesis by comparing pre-entry levels of productivity between importers and non-importers. We test the learning-by-importing hypothesis by employing propensity score matching with differencein-differences approach. Findings - Future importers are more productive than future non-importers years before they start to import, which supports the self-selection hypothesis. In contrast, there is no strong evidence for learning-by-importing. Originality/value - This paper is the first study to explore the relationship between importing and firm-level productivity for Korean firms. The results have an important implication on trade policies to lower or raise trade barriers in imported inputs.

• Asian Journal of Business Environment
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• 제3권2호
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• pp.17-22
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• 2013

Purpose - This dissertation is based on previous research, and analyzes processing trade, which constitutes a major section of foreign trade in Shandong Province. Research design, data, and methodology - The study uses the survey data on polarization, which is a vital index reflecting the unbalanced growth of regional economic development. The article introduces the processing trade polarization index, and the processing trade polarization fluctuation rate, to predict the geographical polarization posture and development trends in Shandong Province. Results -The development of processing trade in Shandong Province shows the level of gradient from east to west. The first-line growth pole has been formed and developed, and the initial formation of the diffusion mechanism has taken place. However, coordination problems in accompanying regional development have become increasingly prominent. Conclusions - This study focuses on the development of processing trade strategy and suggests overall coordination of development objectives, using non-balanced development goals. According to regional characteristics and development objectives of the processing trade in Shandong Province, the region around the city is divided into innovation diffusion region, enhanced growth areas, areas expected to undertake development, and areas to upgrade in four levels, given the different policy proposals.

• 무역상무연구
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• 제52권
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• pp.3-22
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• 2011

This study examines the seller's liability to transfer the property to the buyer. Even though contracting parties choose CISG as the governing law regulating their obligations and rights by means of their contract, CISG does not concern with the effect generated by the transfer of property. Thus, the issues of the property is settled in conformity with the domestic law applicable by virtue of the rules of private international law. By considering the general rules of the transfer of property in goods under SGA and KCC as the lex rei sitae, the difference of requirements to pass the property between them is analyzed and then the reasons why the transfer of property is importantly considered are discussed. In addition, as CISG does not exclude completely the matters concerning the property and provides the provision like Art 41, the seller's liability to deliver goods free from the third party right or claim is examined under Art 41. Lastly, the practical advice is suggested.

• 예술경영연구
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• 제51호
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• pp.191-219
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• 2019

예술품의 국제거래상 준거법 채택의 문제는 실제로 소송의 결과와 밀접한 관계가 있는데, 최근 들어 국제예술품시장의 허브인 뉴욕을 중심으로 점차 현대적 혼합법을 채택하고 있다. 예술품 국제거래의 준거법 지정은 해당 국가의 사법규정만으로는 결정되기 곤란하며, 해당 국가의 이익 및 공익과 관련된 경우 공법규정도 함께 고려되어야 한다. 섭외적 사안에 대해서 우리 국제사법은 공공질서이론을 수용하고 있으며, 국제사법 제7조에 따라 입법목적상 해당 사안에 적용 되어야 하는 우리 강행규정은 준거법 지정여부와는 무관하게 적용된다. 여기서 말하는 강행규정이란 당사자 합의로 그 적용배제가 불가능 하고 외국법이 준거법인 경우에도 적용이 배제되지 않는 '국제적 강행법규'를 의미하며, 특정 법률이 국제적 강행법규에 해당하는 지는 법규의 의미와 목적상 적용의지를 가지는가를 면밀히 분석 후 판단해야 한다. 거래목적물이 문화재라면 관련 공법규범 역시 검토가 필요한데, 예술품의 국제거래 대상이 문화재의 범주에 속하는 경우, 당해 법원은 법정지의 강행법규까지 고려해야 한다. 우리 민법은 문화재 보호법이 적용되지 않는 경우에는 원칙적으로 문화재에 대한 선의취득을 인정하는데, 점유이탈 예술품 역시 선의취득의 대상이지만 도난 혹은 분실물인 경우 원소유자는 민법 제250조에 의해 도난, 분실 후 2년 내에 그 작품의 반환을 요구할 권리가 있고 매수인은 원소유자에게 반환하여야 한다. 나아가, 매수인이 전문 경매회사나 화랑, 갤러리 등 전문 업자에게 구입한 경우 원소유자에게 구입대금의 배상을 요구할 수 있고, 사적 거래로 구입한 경우에는 원소유자에게 구입가를 배상받지 못하고 작품을 반환해야 하는데, 이 경우 매수인은 매도인에 대하여 민법 제570조에 기한 책임을 물을 수 있다. 유니드로와(Unidroit) 협약 발효 이전에 도난 및 반출된 문화재에 대한 소급효의 부정과 미국의 조항 유보행사와 관련해서는 외교적 논의가 필요하며, 현재로서는 미국 연방도품법 활용 등 우회적 노력이 차선책이다.

• 무역상무연구
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• 제54권
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• pp.145-166
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• 2012

This article examines the limitations of the choice of law caused by Internationally Mandatory Rules in Entering into the Turn-Key Contracts. In June 2007, Clough Engineering, a corporation based in Western Australia, approached the Federal Court of Australia seeking injunctive relief and leave to commence proceedings against an entity located outside Australia, the Oil & Natural Gas Corp of India (ONGC). Clough had contracted with ONGC to provide a range of services in relation to the construction of gas and oil wells off the coast of India. The contract was governed by Indian law, and included a clause by which the parties agreed to submit their disputes to arbitration. Yet the Federal Court assumed jurisdiction over the dispute, principally because Clough had framed its claim as a plea for relief for contraventions of Australia's Trade Practices Act 1974. The result of this cases that it is possible for an arbitral tribunal to hear a claim made under the Trade Practices Act even if that claim arises "in connection with"a contract the proper law of which is not the law of Australia. However, in Transfield Philippines Inc v Pacific Hydro Ltd, the turnkey contract included a choice of law provision, selecting the law of the Philippines, and a clause providing that all disputes arising out of or in connection with the agreement were to be arbitrated under the ICC Rules, with the seat in Singapore. Hearings were in fact conducted in Melbourne, Australia, although all awards were published in Singapore. The result of this cases that it would not be appropriate for an Australian court to adjudicate claims for misrepresentation under Australian statutes dealing with misleading and deceptive conduct, once the arbitral tribunal had determined, applying appropriate choice of law rules, that such claims are governed by the law of the Philippines. To do so would lead to a multiplicity of proceedings, usurp the jurisdiction of the tribunal and deny the intention of the parties as expressed by them in the arbitration agreement. In short, the Internationally Mandatory Rules as an active part of public order create limitation of party autonomy in choice of law rules in a different way. The court is fully entitled to refuse to use those rules of law applicable on the contract which are in the contradiction to the internationally mandatory rules of law of the forum. And the court may give an effect to those Internationally Mandatory Rules that form a part of a law of foreign country when deciding about applicability of certain rules of applicable law.

• 무역상무연구
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• 제73권
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• pp.111-128
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• 2017

The main objective of this study is to examine the required aptitudes for undergraduate students who want to join export-oriented Small & Medium Enterprises(SMEs). 178 Dataset from a survey of exporting firms in Gwangju, Korea, were used to analyze the study. The results of the study are as follows ; First, the most required aptitude is 'the capability related to build up human relationship'. So students should learn negotiation skills in the college. In addition to this, student also try to join informal club and cultivate teamwork capabilities. Second, finding out a job in export-oriented SMEs is needed to equip with problem-solving capabilities. To do it, students should learn various subjects related to trade theory. Additionally, having some certificates like 'international trade master' can be better. Third, communication capabilities including foreign language and international business skills will be also required for students who are preparing for joining export-oriented SMEs. However, capabilities related to information technology and basic statistic skills does not have statistically significant correlation to recruitment intention. As a result, students who have such above-mentioned four aptitudes may have better position to find out jobs in export-oriented SMEs.

• 무역상무연구
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• 제69권
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• pp.371-388
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• 2016

International air transport for cargo services is a facilitator for various trade sectors and, by itself, an important service industry. Although international air cargo industry is expected to grow continuously, industry stakeholders complain about legal constraints in the industry and demand more liberalized regime. From its birth at the beginning of the 20th century, the airline industry was tightly regulated by governments with a strong tradition of protectionism. In the past few decades, however, protectionism in the airline industry has steadily declined. Indeed, the airline industry is largely in the process of liberalization. Interestingly, it has been easier to liberalize air cargo service than passenger service. Indeed, states have traditionally shown far more willingness to provide market access for foreign carriers carrying cargo than passengers. Given the impact of air cargo service in a state's wider economy and own characteristics of cargo services (i.e. air cargo traffic is inherently one-way, unlike passenger traffic, which tends to involve round trips), more liberalized approach is necessary for air cargo services. Among three approaches: bilateral, regional (block-based) and multilateral, it is desirable to adopt a multilateral treaty (a new multilateral all-cargo agreement) so as to harmonize and simplify complicated trade regulations on air cargo services.

• 무역상무연구
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• 제19권
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• pp.7-31
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• 2003

The governments of almost countries have the rules and procedures that the purchasing entities have to follow, in order to ensure that the best value for money spent is obtained in procuring goods and services. However, there are often some of important problems in their rules relating to government procurement. Namely, almost countries have a variety of discriminatory regulations for foreign suppliers in the government procurement laws with the object of national security, economic welfare, and protection of domestic market from international competition. For this reason, several advanced countries had reached the Plurilateral Agreement on Government Procurement during Tokyo Round(1973-1979) and Uruguay Round(1986-1994). However, the provisions of two agreements do not apply to all products made by the government but only to those made by purchasing entities specified by each member country in its list in the Appendix. Accordingly, the size of goods and services purchased from foreign suppliers were comparatively not large. As we know well, the United States have spent a large amount of money from federal and state government budget. But the portion of procurement from foreign suppliers is still small, compared with the portion of procurement from domestic suppliers. The main reason are that U.S. has applied for long time the so-called Buy American Act to government procurement positively and maintained many kinds of other domestic regulations which have discriminatory provisions for foreign goods and foreign suppliers. On the recognition of these points, this thesis deals with the Buy American Act and other U.S. domestic laws, regional and bilateral, and plurilateral agreements including WTO Agreement on Government Procurement. As a result, the author found that there are several concerns and problems in the U.S. regulations relating to government procurement. It include the provisions on priority procurement of U.S.-produced products, local contents requirements, set-aside procurement from small business, and exclusion of preferential procurement from the developing countries.

• 무역상무연구
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• 제65권
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• pp.141-160
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• 2015

With the steady growth of our nation's economy, the purchase power of our domestic citizens has continuously enhanced. In recent years, online overseas shopping has rapidly warmed up, increasing number of Chinese people have started to purchase overseas products via internet. According to China's current legislation, the imported goods are divided into goods and items based on "profitability standard", and regulated by different rules of clearance supervision and import duties. Goods can't pass through custom and pay duties in the form of items, and the import duties burden of goods is generally much heavier than that of items. Goods of entrusted overseas shopping pass through custom and pay duties in the form of items, but goods of profitable purchasing are goods, not items. Therefore, the profitable-purchasing behavior is smuggling. Although goods of unprofitable purchasing are items, unprofitable-purchasing behavior may also constitute smuggling. The author concludes that causes of smuggling crime are: huge market demand for overseas goods, lack of customs supervision, law blank of petty foreign trade, and public's misconception of entrusted overseas purchasing are the major factors. The author proposes the corresponding preventive measures against the crime, such as to establish an one-stop service system in online Shopping Mall, to modify the Passengers' Baggage Declaration Form, to establish a relatively simplified clearance system of small cargo, to establish a relatively reasonable import duties of petty trade.