• International Commerce and Information Review
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• v.12 no.3
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• pp.391-412
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• 2010

As traditional import regulations have decreased all over the world in recent decades, the usage of "unconventional" trade protection measures has grown in the developing countries. In particular, antidumping investigations have risen rapidly and have growing in India and China. Therefore, this thesis aims to provide countermeasures to our government and Korean exporting companies by studying characteristics of antidumping. India is one of the most frequent initiators of antidumping cases by protecting their industries and impeding imports from FTA. This year, economic exchanges of Korea and India will be increasing by the conclusion of CEPA. This will lead to the increase of dispute by import regulations. Under such circumstances, to decrease Indian antidumping cases Korea will respond as follows. i)If antidumping laws, system and practice of India have injustice or are different from WTO rules, our government will have to indicate injustice and actively urge Indian government to make corrections. For example, they are continuous bilateral contact about the problems, fallacy of calculation of dumping margin, and intense investigations into cause and effect relationship and losses in dumping market, ect. ii)Our government should give more support to the small and medium exporting company which have difficulties in dealing with trade conflicts, counseling, arbitrating a lawyer. iii)Our government which is in control of domestic trade relief system should strengthen its investigation ability about new regulations and moniter import regulations of India. Over the long time, Korean companies need to export competitive advantage items of a higher value-added business and build solidarity by technology transfer. Accordingly, that will result in the decrease of trade dispute in India.

• Journal of Korea Technology Innovation Society
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• v.21 no.2
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• pp.875-905
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• 2018

Recently China's science and technology development is accelerating, and some technologies have the world's best technology. With the rapid development of science and technology, China has been deeply aware of the importance of science and technology, and many efforts are being made to legislate security regulations to protect their technologies. Korea and other countries are also interested in research security, and research and development cooperation with China is also on the rise. In this paper, we derived some implications by comparing and analyzing China's science and technology security regulation and Korea's national R&D project management regulations. China is also enacting science and technology security regulations as a subordinate to the laws and regulations of science and technology. However, it should be reflected in future legislation that the difference from Korea is composed of separate independent regulations. In particular, the fact that the science and technology security regulations have been enacted separately may be a hint that can be reflected in the nation's future legislation processes. In this paper, major contents of the science and technology security regulations, points to division of knowledge property into scientific and technological cooperation or security tasks, designation of regulations on the characteristics of research security guidelines, and operation of individual national security agencies In addition, in the event that the contents of the related statutes, confidentiality provisions, and import and import control are recorded in this paper, and the results of the joint R&D project are not utilized, or the technology transfer is not carried out.

• Transactions of the Korean hydrogen and new energy society
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• v.35 no.1
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• pp.1-13
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• 2024

Hydrogen is emerging as an essential material for carbon neutrality. In particular, Korea needs 22.9 million tons of imported clean hydrogen by 2050 to achieve carbon neutrality. However, a large amount of carbon is emitted during the import process, and market regulations are being discussed. This research estimates the carbon emissions of importing green hydrogen from Vietnam, Australia, and the United Arab Emirates to Korea, and calculates imported green hydrogen prices under carbon emission market regulations.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.42
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• pp.337-364
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• 2009

Trade remedy is the system that additional duty or import quantity restriction would be imposed on the import products, in case that unfair imports damage domestic industry or even proper import products damage significantly domestic industry. The system is secured by the act of unfair trade practice investigation & industrial damage remedy, tariff act, WTO agreement. Anti-dumping duty act is the system that duties are assessed with the equal or less amount of the difference between normal transaction price and dumping price, in case that the product imported under dumping price causes or may cause damages in domestic industry, or the development of domestic industry should be delayed practically. Recently, the problems related with anti-dumping duty imposed as the part of the trade remedy occur frequently. It is necessary to discuss whether the anti-dumping duty act is practically trade remedy which does comply with GATT regulations and WTO agreements as the criteria of international law and is in line with the intent of domestic act in the suffered country, or it does return to protective trade or reduce the protection of consumer. On the basis of this discussion, it would be difficult to impose the antidumping duty on industrial products in order to protect domestic industry, when considering the expected free trade agreements of Korea-US, Korea-China and Korea-Japan. In order to survive under the current severe competition of world trade market, companies should raise the competitiveness by themselves without relying on the current trade acts to provide with a certain protection. This thesis should bring those attentions.

• Korea Trade Review
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• v.46 no.3
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• pp.185-201
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• 2021

This paper analyzes the penalty tax system under the Customs Act of Korea and examines whether the penalty tax provision violate the constitutional principle of proportionality when imposed on a person who does not made import declaration intentionally or travelers who has not been made an import declaration of their carry-on items. It examines the provisions that adopt a penalty tax as a means to secure the effectiveness of the customs law. In relation to penalty tax, the case studies of the Supreme Court and Constitutional Court of Korea are analyzed by major issues such as the legal nature of the penalty tax, whether the penalty tax is unconstitutional, and the reasons for exemption from the penalty tax. There is no reasonable basis for the high penalty tax imposed on travelers' carry-on items for which import declaration has not been made. It is necessary to unify the penalty tax imposed when an import declaration is not made and the penalty tax on traveler's carry-on items. It is necessary to establish a limit on penalty tax and to create new regulations to exempt or reduce penalty tax when punished by administrative punishment to avoid double jeopardy. It is necessary to effectively secure the effectiveness of the Customs Act by converting the penalty tax into civil penalty that does not presuppose the faithful and accurate performance of tax obligations by the taxpayer. The government revised the penalty tax system in the Customs Act in 2019, but there are still many types of penalty tax and there are elements that are unconstitutional. It seems that the Korean government should lower the burden on the people by improving the system for the penalty tax system.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.367-389
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• 2008

On the stage of an international trade with well-developed transportation, communication system and proliferation of free trade, global companies who are eager to sustain business growth by cutting cost and pioneering new market are facing a new challenge named "Global Compliance" of business transparency, export and import regulations, and potential international business environment. The purpose of a global compliance is to monitor and regulate a company's trade activities to reduce the risk of transactions that might violate relevant countries' laws, regulations, or standards. After the 911, for strengthening the non-proliferation of the export control goods, UNSCR1540(United Nations Security Council Resolution 1540(2004)) was declared in order to enforce the members to adopt the rules in the resolution into their national laws and regulations. Companies does not realized that they need to get rid of the risks because they underestimate the importance of international security, caused by their careless management. That is why currently the export control program is not fully observed by the most. Lack of awareness for the export control and the poor system of each members could be the reason for this unstable operating status. With this background, this thesis will study on the meaning of export control, schemes for companies to recognize its importance and governmental guideline to support global companies.

• The Journal of Information Technology
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• v.8 no.3
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• pp.143-158
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• 2005

The purpose of the paper is to analyze situations and its prospect of Single Window System for custom's one-stop service in Japan and to suggest effective application was to improve of in Korea's Customs systems. In response to the growing demand for lower trading costs and shorter and more predictable lead times with the advancement of the international trade supply chain, the Single Window System for import/export and port-related procedures was launched on 23 July 2003 in Japan. The concept of the Single Window System is to establish a comprehensive computer interface system that enables users to complete all import/export and port-related procedures required under different laws and regulations in a single input and single transmission. To realize the concept, the data elements and submission times of the various systems were harmonized, and manual procedures, such as quarantine and immigration, were computerized. Then, all the necessary systems, such as NACCS, Port EDI System, and Crew Landing Permit Support System, were interconnected as a Single Window System. Close cooperation among other governmental organizations and the private sector was a key factor in the successful development and smooth utilization of the System so that it fully met all parties' needs. It is anticipated that operating costs will be greatly reduced and trade facilitation will be enhanced as a result of the simplification of procedures. Korea Customs advocates the Single Window System as a best practice at ASEAN and WCO to contribute to the development of regional and international capacity building.

• Journal of Distribution Science
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• v.18 no.12
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• pp.45-54
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• 2020

Purpose: Indonesia's maritime logistics and distribution system is currently faced with several challenges, some of which include prolonged export and import time for goods handling as well as the high logistics cost. This study further analyzes the existing business processes in maritime logistics in East Java Province in order to provide solutions to the challenges. Research design, data and methodology: This research was carried out in East Java Province, Indonesia, with data collected through field observations, documentation, and in-depth interviews with all the stakeholders involved. Results: The study showed that the number of stakeholders and activities involved in the flow of goods movement ultimately impacted the length of time. These factors can be classified into the following five: 1) export and import regulations, 2) third party logistics competencies, 3) transportation infrastructure and facilities, 4) adoption of information systems and technology, and 5) maritime line connectivity. Conclusion: Analyzing the three supply chain flows in the maritime logistics and distribution industry called for the need for improvement to increase coordination among related institutions, improve the flexibility of dwelling time to the conditions of each port, enhance service levels, improve transportation infrastructure and facilities, implement information system and technology, and develop shipping routes and networks. Therefore, a collaborative supply chain management system can be realized.

• Korea Trade Review
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• v.48 no.3
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• pp.131-150
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• 2023

The purpose of this study was to find a countermeasure to the U.S. import refusals for the Korean healthcare and life sciences industry. To this end, an analysis of trends during the pandemic was conducted using the KITA Border Rejection Database, which includes information on items and types of import refusals. The reason for rejection was also analyzed according to the FDA violation codes. The degree of countermeasure for import refusals was identified by measuring the unit rejection rate (URR). The results of the analysis showed that the major U.S. import refusals for the Korean healthcare and life sciences industry had expanded from contact lenses to COVID-19 diagnostic kits and drugs after the pandemic broke out. The major reasons for import refusals were non-compliance with the Predicate Device and Drugs Act and non-approval by the FDA for products and facilities. On the other hand, the unit rejection rate (URR) of major items in the Korean healthcare and life sciences industry was measured higher than the industry average. The results therefore showed a low level of response to U.S. import refusals. The results of the analysis of reasons for import refusals by item according to FDA violation codes were as follows. First of all, the main violation for contact lenses and COVID-19 diagnostic kits corresponded to misbranding. This was often due to the fact that Korean companies did not provide the relevant notices and information required by the FDA. Many cases also failed to demonstrate a substantial equivalency compared to predicate devices already on the market. On the other hand, applications for new unapproved drugs were not accepted as they had yet to pass relevant regulations that would prove their safety and efficacy. In conclusion, import refusals for the Korean healthcare and life sciences industry were found to be closely related to technical barriers to trade (TBT).

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2015.10a
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• pp.208-210
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• 2015

After the huge explosive accident in port of Tianjin, it is being strengthened on the dangerous goods regulations. This also has been make an extra impact which must meet international standards and even different parts became possible import customs regulations exporting from Korea. Since 2004, internationally in compliance with the enforced the transport of dangerous goods regulations (IMDG Code), but becomes substantial damage to the domestic industry that exports of dangerous goods is a lot of difficulties in the logistics of efficiency due to possible follows only the clearance to the needs of the Chinese Government. In Korea and secure hazardous materials management needs have emerged, but piecemeal ad hoc policy is connected economically costly and unnecessary regulations weighted long-term safe at the same time enables continuation of the development of the only domestic chemical industry to find effective hazardous materials management plan it is.