• International Commerce and Information Review
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• v.6 no.3
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• pp.137-157
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• 2004

It is very necessary to find how to develop international government procurement by analyzing functions and roles of information providing circumstance and existing total international government procurement information system. In addition, it would require to draw up a way of improving current international government procurement information system based on the problems of existing system. In this study, we analyze the current status of Korean international government procurement information system and give an idea of mutual cooperating with DGMARKET, a good example of international government procurement information system. As a practical method, cooperating with DGMARKET by building each countries' gateway will be very helpful in cost saving and providing information. It will also complement the limitation of Korean system's one way service. But supplying only international government procurement information is insufficient in realization of e-trade in international goverment procurement market. To settle these problems, treating international government procurement as a same field of trade and giving political support and incentive to company which hopes to participate international goverment procurement are absolutely needed.

• Journal of Korea Trade
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• v.23 no.6
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• pp.52-65
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• 2019

Purpose - This paper aims to study what is impacting the development of e-Government Procurement in China, the current strategies of developing Chinese Governmental e-Procurement, and to present some measures by which Korea's exporting industry could enter the Chinese procurement market. Design/methodology - This study is to provide a systematic literatures review on what is impacting the development of e-Government Procurement in China. Hence, based on western research, Chinese literiatures are used for this study. Findings - To penetrate the e-procurement of the Chinese government, the acquisition of government procurement certification is necessary. Secondly, the qualification of "Made in China" is one way to join the market. And finally for Korean companies to enter the procurement, it is necessary to provide products to the public institutions such as universities, hospitals and social organizations and to the state-owned enterprises. Originality/value - This paper aims to study what is impacting the development of the e-Government Procurement in China, the current strategies of developing Chinese Governmental e-Procurements, and to present some measures by which Korea's exporting industry could enter the Chinese procurement market. These originalities can be expected to give understanding of Chinese e-govenment procurement and insight for strategy for both Korean enterprise and relavant academic circles.

• East Asian Economic Review
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• v.16 no.4
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• pp.363-394
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• 2012

WTO Government Procurement Agreement (GPA) was designed to liberalize and expand trade in government procurement. Revised GPA was implemented in 1996 and the latest revision was completed (but not yet implemented) in 2012, but as a plurilateral agreement. Since the end of the UR, there has been attempts by various WTO members to liberalize trade in the government procurement market - through an expansion of Parties who are signatories to GPA, and through a negotiated agreement on transparency in government procurement. The attempt to expand the Parties who are signatories to the GPA - attempt to increase the width of the coverage of the agreement - has been somewhat successful, but I argue that the goal should be to further liberate the government procurement markets of the current Party members - to reduce thresholds and other barriers which limit market access even to other GPA members, in other words, to increase the depth of coverage. Taking cue from Korea's FTA, I propose a two-level liberalization of the government procurement market under the GPA: A "light" level which would be the same as the current level of liberalization; and a "deep" level with lower thresholds and less exemptions. I argue that, as seen in Korea, with FTAs, many GPA Parties already have multiple levels of liberalization (i.e, spaghetti-bowl effect of FTAs), but by limiting the levels of liberalization to two, we can seek the best of deep liberalization but reduce the spaghetti-bowl effect.

• Korea Trade Review
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• v.42 no.4
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• pp.185-215
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• 2017

While the future of Trans-Pacific Partnership Agreement is uncertain, TPP did succeed in convincing certain developing countries, which had been reluctant to open its government procurement market in the past, to open their markets. In this paper, we compare the government procurement chapter of TPP with WTO Government Procurement Agreement to see what factors may have convinced these countries to open their government procurement markets. The key factors seem to be an initially very high levels of threshold, coupled with an extended transition period (up to 20 years) to lower the threshold to figures comparable to other countries; and reduction of legal and regulatory burdens dealing with some transparency and procedural requirements. Korea should use these strategies in their future FTA negotiations to try to open foreign government procurement markets. If Korea wants to accede to TPP, it should have very few problems since Korea has similar threshold levels as current TPP members, and legal and regulatory requirements are more strict under GPA, of which Korea is a member.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.19
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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.

• International Commerce and Information Review
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• v.8 no.1
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• pp.399-414
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• 2006

Since the inauguration of WTO system has made borderless competition across the countries, many government should try to find out the harmonious policy paradigm for the check and balance between the globalization and localization. The government procurement market has been considered as one of this kinds of difficult tasks for the local small and medium companies. Many governments should lift the paradigm of the government procurement market toward the conditionally open competitive market. The paper is aimed to find out the sustainable governance of the government procurement policies to protect the local companies. Based on the many international cases, including the Chille-Korea FTA, the paper concludes the sustainable governance of the policies should be focused on the equitability and transparency.

• International Commerce and Information Review
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• v.14 no.3
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• pp.513-536
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• 2012

This study aims to examine the status and problems of trade risk management of Korean companies in Incheon area trading with China and to suggest some improvement measures. On the survey with twenty five questions on company profiles, business process and transactions, claims and trade risks, etc. with Chinese trading partners, the following facts are found. In general, Chinese policies on foreign trade, finance, labour, investment, etc. and China's logistics system have caused great worries to Korean companies in Incheon area. This kind of risks from Chinese government policies and China's economic structure are beyond control of each company. Korean government should take more effective measures to negotiate with Chinese government. In the stage of contract, procurement and transportation, settlement, disputes resolution and etc. Korean companies in Incheon area also have many problems with relatively high risks with Chinese trading partners. Based on these survey results, some suggestions for better trade risk management are given.

• International Commerce and Information Review
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• v.15 no.1
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• pp.357-379
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• 2013

Recently, the government was introduced as currency for earning of raw materials purchasing system for electronic Government management of foreign trade in 2011, and revised regulations for electronic proof of purchase. In addition, the currency for earning of raw materials, such as procurement system in 2012, followed by electronic proof of purchase local letter of credit. The government electronic trading will be promoting local trading of electronic procedures. This study will be a preceding research on the goods control system for acquiring foreign currency and the obligation of using digitalized approval of purchase due to the revision of foreign trade law. Also, it will conduct theoretical and legal research regarding the obligation of digital establishment of the local L/C which is a result of amendments to the rules of operation for the Bank of Korea's trade finance. Further, it will analyze the legal and operational problems and its response plans for the establishment of the local trade integrated management system which promotes the digitalization of the local trade process.

• International Commerce and Information Review
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• v.18 no.4
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• pp.263-281
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• 2016

The Importance of SEP (Standard Essential Patents) Procurement Operation is on the side of Governmental and Public both to accelerate the national trade negotiation competitiveness. To operate cooperative system of SEP creation and management, Government should monitor the effect and performance periodically to public sectors. and To achieve the support objectives, it should establish the virtuous circle infrastructure between R&D and economic performance on SEP. This can make the SEP enhancement to pursue the international competitiveness on Intellectual Property Rights. Especially the specific support approach to each phase of the SEP declaration matrix is essential to consolidate the possibility of SEP creation and acquisition. In this study, the concepts of SEP to accelerate the national trade negotiation competitiveness and the prior research were verified through the investigation of market trend and current state of affair analysis. Through the analysis of international and domestic situation of SEP procurement and management, We have found the results as follows. First of all, the leading conglomerates and the Government should focus on the secondary and tertiary industries to create and acquire SEPs to accomplish the effectiveness of selection and concentration. In second, the SMEs and Univ. Labs should focus on the quaternary sector of the economy to retain the competitiveness of speed and challenge on SEP related. From this study, the appropriateness of the tailored-support management model should be institutionalized, and the results implied an research in order to examine the suitability among the current SEP to enhance the competitiveness of national trade research issues.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.62
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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.