• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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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.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.253-273
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• 2008

The thesis examines the problems for improvement of clearance procedure and shows the various ways of overcoming them. Practical implications regarding the innovation of clearance procedure are as follows. First, the basis of information for customs clearance service should be built for unifying customs clearance information and imports and exports goods. Second, Customs Service need to keep on trying continuously that customs clearance system should be inter-convertible in the inside and outside of the country. Third, reliable law and execution system should be needed to revitalize customs clearance business and the government need to take measures for new system which is suitable for our own country. Finally, mutual cooperation administration system for customer in domestic and foreign country should be made for supplying high quality clearance service. As we have reviewed above contents, the customs clearance business meet the needs of innovation with new information technique to overcome lots of problems which come by when we execute simplification of customs clearance procedure and customs inspection administration fairly. As well as, when we review a few methods in the line of our customs system, we need strongly completion of related system and arrangements in trade business and similar fields. Hereafter we hope the limitation of this study should be overcome by the process of proper inspections through subsequent studies.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.185-212
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• 2010

This study aims to derive practical suggestions to apply application methods by auxiliary costs, especially application of logistics and customs clearance areas in order to establish EPS support system of auxiliary cost occurred from export/import. For the propose, this study has analyzed types and situation of auxiliary costs, application method by auxiliary costs, payment situation of logistics auxiliary costs and clearance auxiliary costs and suggested the relevant problems and their application methods. Especially, in case of logistics auxiliary costs through connection to the attached general documents required for negotiation by reflecting characteristics of B2B transactions. In addition, it has suggested that those services by the said system should be conveniently used commonly by the export companies and logistics companies through provision of various payment measures, support of foreign currency payment, etc. and security of reliability/system stability, etc. for the compatible payment with other systems as the prerequisite for the successful settlement of the auxiliary costs EPS. It is expected that satisfaction of the uTradeHub users such as export/import companies and logistics companies will be increased, user-oriented customized information services such as raw cost prediction service through calculation of auxiliary costs could be available in the future and efficiency of work processes related to auxiliary costs will be increased, by providing the EPS through various single window based payment measures through establishment of the export/import auxiliary costs payment system.

• Journal of Arbitration Studies
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• v.32 no.3
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• pp.47-70
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• 2022

This paper studies legal regulation of the public policy exception in the Russian Federation and domestic judicial practice on the issue. It reviews current legislation and analyzes a number of recent court cases where an arbitral award rendered by a foreign arbitration body was refused recognition and enforcement based on public policy violation. By doing so, it contributes to the knowledge on the concept of public policy in the Russian legal system and how public policy can affect the process of recognition and enforcement of foreign arbitral awards on its territory. The review of court cases demonstrates different aspects of how the public policy exception can be applied by Russian arbitrazh courts. Such decisions can provide a clearer picture of the kinds of situation that can lead to invoking the public policy clause by the court. Also, it is of practical value as persons preparing to file a claim or to be a defendant in a Russian court can be required to present existing court decisions in support of their claim or defence.

• International Commerce and Information Review
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• v.13 no.1
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• pp.97-120
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• 2011

Purpose of this study is to define competitiveness and attribution factors of Busan port on attracting high value added business such as transshipment cargo. Research finds condition to become optimal transshipment port comprises both internal and external circumstances. As for the internal circumstance, scale and location of the distripark as well as port facilities and the rates, for the external circumstance, international network and information technology on logistics managements are providing positive effects. Optimal plans to attract transshipment cargo should include, first, development of total logistics management system from port entry to unloading, transportation, processing, loading to departure. Second, assign port as free trade zone under customs law to attract foreign investment and goods traffic through tax exemption. Third, unless it is illegal, government needs to grant substantial freedom to shift capital for the foreign investors which will lead increase in cargo traffic and foreign investment.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.327-376
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• 2008

China is marking 9.4% annual growth rate in average since 1978. GDP reached $1090 in 2003 as the first time and China ranked at 4th with their economy size in 2006. One of the remarkable change in China is the extension of foreign open-door policy. China joined WTO in the end of 2001 and it strengthen the foundation of Chinese market economy structure and encouraged the inflow of foreign capital. While 400 of the 500 global corporations advanced into China, the economy trade has been rapidly increasing between Korea and China. The economy trade in both countries has been regularized since 1992 and the annual trade is tending upwards in last 15 years. Korean trade toward China reached 134,400 million which is increased 27 times compared with the total of 1982. In this period, Korean trade toward China marked 24.5% in Export increasing rate and 16.7% in import increasing rate. China became the 2nd biggest export country of Korea in 2001 and became the top in 2003. As the China foreign direct investment has been increasing rapidly, the number of Korean companies advanced into China has been remarkably increasing. By focusing on a thorough review of the nationally published documents of Korean-Chinese business management research during more than two decades (1981-2004), the present paper has been systematically classified and analyzed the current status of Korean-Chinese business management research. The paper raised some important issues regarding Korean-Chinese business management research and predominantly, its future prospects are outlined. In the paper, the documents which are registered in the Korean Academic Processing Foundation registration of journals and candidate registration of journals have been classified by: research purpose, main subject, research method and the results. Careful analysis among the research clarified the active and inactive business management research fields. This clarification enables us to get a better understanding of the current research of Korean-Chinese business management, and more importantly, it pointed out to the direction of future development of research. In addition, the systematic classification made by this paper may contribute to the decision making of subject index of Korean-Chinese business management research since there has been no classification standard of it until now.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.34
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• pp.109-131
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• 2007

This paper has focusing CheongHaeJin's maritime trading activities between Korea, China and Japan in the 9th century. In operation of CheongHaeJin which Chang BoGo was given a key role, CheongHaeJin creates three nation's wealth in triangular trade among Korea, China and Japan. And also, CheongHaeJin's contribution is considerable to the maritime trade development of Northeast Asia through establishing trading advance base in China and Japan, and organizing Shilla's people in China. Chang BoGo justified the control over small business groups of the west and south sea of Korea and the east and south sea of China by keeping pirates away His trade groups controlled foreign trade of three countries: Shilla, the Dang Dynasty of China and Japan. They connected Persia, India, Southeast Asia, and China. CheongHaeJin's key success factors of the maritime activities are summarized as follows; There is a possibility of searching that successful factor from the people of operator of CheongHaeJin. Based on oceanic adventurous spirit with character and progressive thinking could complete the rally of sea influence and composition of fleets. Secondly, the success factor is the excellent operational ability and leadership which learned in the Dang Dynasty of China. Thirdly, In 9th century, International political context was suitable for CheongHaeJin's construction and operation. Such political circumstances had given to CheongHaeJin remunerative position. Finally, Although central government could not maintain the sea traffic securities, Chang BoGo's ocean trading fleets guaranteed the safe fishing industry of people and security of sea traffic.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.495-522
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• 2016

The Mongolia is one of the highly impressive potential developing countries in Asia according to open the economic market. Since early 1990 as the falling apart from Russian union, Mongolia has tried to developing economic status with plentiful stocked natural resources in their country. The Mongolia has been accepting the modernizing their legal systems including national amended law of arbitration 2003 which was based in the 'UNCITRAL Model Law on International Commercial Arbitration 1985' to harmonize with the international arbitration trends. However, UNCITRAL council announced the adapting members countries excluding Mongolia caused by the inappropriate international standard conditions. As the foreign business partners with Mongolian, it is not easy to agree a site in Mongolia for the place of arbitration on their disputes settlement cause by the weak confidence and precarious interruption under the arbitration processing and enforcement of award on the uncertain law of arbitration on their law of arbitration. Recently, the Mongolian government intends to revise their arbitration law to comply to newly UNCITRAL Model Law in 2006 revision for improving the putting confidence and promoting the choosing arbitration on the place of commercial disputes in Mongolia. It is the point to considering in this article to compare to the problems and alternative ways to the legal and practical arbitration services for reliant and confirming arbitration system in Mongolia for the business parties of Korea.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.3-23
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• 2021

England is a significant base for international trade in Europe, and dispute resolution through arbitration is active. Therefore, due to the geographical relationship with the European continent, the settlement of trade transactions and disputes with European countries is one of the most essential tasks. In this regard, arbitration procedures in England have been actively used for a long time. In England, dispute resolution methods through arbitration have been developed centered on merchant groups such as guilds from the 16th century and have been actively used until today. However, the arbitration procedure also had the characteristics of the common law because there was no legislation related to arbitration. Therefore, arbitration based on common law was carried out until the first half of the 19th century. In the 'Arbitration Act 1889', two types of arbitration systems, 'common law arbitration' and 'statutory arbitration' coexisted. However, in the arbitration procedure, according to the newly enacted 'Arbitration Act 1889', the arbitration agreement was binding from the time the arbitration agreement was reached. There was a way to select an arbitrator even if it was not explicitly stipulated in the arbitration agreement, and the arbitration award was quickly enforced. Arbitration under contract was preferred over common law arbitration, where withdrawal and revocation of awards were possible. However, in response to these provisions, the England courts considered the arbitration system to deprive the courts of jurisdiction, while a strengthened judicial review of arbitration procedures was done. In particular, England unified the arbitration-related laws, which had been scattered for a long time, adopted the model law, and enacted the 'Arbitration Act 1996'. Under the recognition and enforcement of arbitral awards in 'Arbitration Act 1996', Section 66 deals with the recognition and enforcement of arbitral awards and foreign arbitral awards. Section 2 of the 'Arbitration Act 1950' is inherited and used as it is. Second, it deals with the execution of arbitral awards under the New York Convention: Article 100 (New York Convention), Section 101 (Approval and Enforcement of Awards), Section 102 (Evidence Presented by a Party Seeking Recognition and Enforcement), and Section 103 (Provides Matters Concerning Rejection Recognition and Enforcement).

• International Commerce and Information Review
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• v.6 no.2
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• pp.107-127
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• 2004

The rapid development of internet information technology has increased interest in e-Trade these days, but it is not activated greatly up to now. In order to promote e-Trade, it is essential to construct cooperative process such as connecting systems among trade related parties. Building e-Trade platform which is based on the infrastructure of the past trade automatic system is key point of promoting e-Trade. To do this, a study on the basic concept and specific components of e-Trade platform is needed absolutely. At this point of view, after this paper has examined domestic and foreign studies on the fundamental technologies about electronic commerce, it drew several key technologies that could be applied to e-Trade considering the current IT trend. Then it evaluates these technologies according to Technology Reference Model(TRM) of the National Computerization Agency. This will help us to show the operation strategy as well as the concept of future e-Trade platform and its composition. On the basis of the theoretical background, this paper classified NCA's technology model into 6 fields, which are application. data, platform, communication, security and management. Considering the key technologies, e-Trade platform has to be mutually connected and accept international standards such as XML. In the aspect of business side, trade relative agencies' business process as well as trading company's process has to be considered. Therefore, e-Trade platform can be classified into 3 parts which are service, infrastructure and connection. Infrastructure part is compared of circulating and managing system of electronic document, interface and service framework. Connecting service (application service) and additional service (application service) consist of service part. Connecting part is a linking mutual parts and can be divided into B2B service and B20 service. The organization operating this e-trade platform must have few responsibilities and requirements. It needs to positively accept existing infrastructure of trade automatic system and improving the system to complete e-trade platform. It also have to continuously develop new services and possess ability to operate the system for providing proper services to demanders. As a result, private sector that can play a role as TTP(Third Trust Party) is adequate for operating the system. In this case, revising law is necessary to support the responsibility and requirement of private sector.