• Title/Summary/Keyword: International Commerce and Information Review

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A Study on the Cost Analysis of Service Export - K SME Case of MICE-related Industry - (서비스 수출원가 분석 - MICE 산업 관련 중소기업 사례연구 -)

  • Park, Moon-Suh
    • International Commerce and Information Review
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    • v.13 no.4
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    • pp.485-516
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    • 2011
  • Republic of Korea is small nation that is comprised of 0.7% of the world population and occupying just 0.07% of the world territory. Despite this, Republic of Korea once again proved herself to be as the world's major economic powerhouse by becoming the world's 7th largest exporter in 2010. However, the reality is that Republic of Korea is still significantly concerned about the volatile economic nature and anxiety that is spread across the globe since the global depression that began at the end of 2008 and the financial crisis that has been threatening the Euro-Zone recently. This has resulted in the nation reaching the limitation in significant economic growth and limited creation of jobs within the nation and due to such circumstances, the nation is becoming more aware of the fact that she needs to pay more attention on the service sector and service exports if she was to see a more positive economic outlook in the upcoming future. This research is aimed to analyse the cost that is associated with the service export sector, by examining a number of enterprises in relation to the MICE(Meeting Incentives Convention Exhibition) industry which certainly has both direct and indirect influences on the service exports of the nation Further, the prime goal of the research is to encourage the SMEs of Korea, who have substandard experience associated to foreign exports, to intensify and increase service exports and also the goal extends to the degree to suggest appropriate assistance measures to aid these enterprises to achieve such goals. This research is fundamentally designed and based on the literature research associated with the MICE industry and also, this research is premeditated through the analysis of the case of exports to Vietnam. As the result of research, it has been found out that SMEs in the MICE industry and those of in service export sector are reluctant or even feel insecure to attempt any kind of export of their services mainly due to; the lack of foreign market information and also the lack of experience associated with service exports. Furthermore, it has also been revealed that the difficulty to estimate the validity and profitability of service the export is a significant factor withholding those enterprises from attempting any service export to the foreign markets. Henceforth, in order to aid and stimulate service export to the foreign markets by these SMEs (including those in association with the MICE industry), it is imperative to prepare an one-stop service export assistance program which would provide the information associated with marketing, law and legislation, taxation system and financial area in regard to the global markets.

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International Legal Regulation on Commercial Space Activity (상업적 우주활동의 국제법적 규제)

  • Lee, Young-Jin
    • The Korean Journal of Air & Space Law and Policy
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    • v.28 no.2
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    • pp.183-221
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    • 2013
  • While in the early stages of space activities only a few states engaged in the use of outer space, as is well known, commercial space activities have grown dramatically in recent years. Both states, state institutions, and international governmental organizations as well as many private enterprises are engaged in such commercial use of outer space by now. This development is not reflected in the present state of space law. The existing international instruments of space law were developed and finalized before this development and thus only provide very few and sometimes unfitting provisions for the commercial use of outer space and particularly the use by private enterprises. Law formulated in an era when the word "privatization" had not even been coined cannot contain potential problems caused by the increasing commercialization of outer space. For the promotion and further development of such commercial use of outer space it is necessary to clarify and establish the legal framework for such use, because participants will need this information for their future investments in this field. The purpose of this paper is to research and make an analysis of the contents and international regulation of international space commerce, which is rapidly proliferating and to review the process of improvement on national legislations relating to the commercialization of outer space in a few main space advanced countries to make the sustainable progress of commercial space activities project in international society. The legal implications of matters such as international commercial launch services, the liability aspects of such services, intellectual property rights, insurance, product liability insurance and materials processing could one day will be subject to regulated by international space law as well as domestic law. In fact, the question of commercialization is linked to the question of sharing benefits of space activities, and this currently is an agenda item in the Legal Subcommittee of UN COPUOS. Most of developed countries have enacted the national legislation for commercial space activities relating to the development of our space as follows : The National Aeronautic and Space Act of 1958 and the Commercial Space Act of 1998 in the United States, Outer Space Act of 1986 in England, Establishment Act of National Space Center of 1961 in France, Canadian Space Agency Act of 1990 in Canada, Space Basic Act of 2008 in Japan, and Law on Space Activity of 1993 in Russia. Becides there are currently three national legislations relating to space development and commercial space activities in Korea as follows : Aerospace Industry Development Promotion Act of 1987, Outer Space Development Promotion Act of 2005, Outer Space Damage Compensation Act of 2008. Commercial space great promise for the utilization and expansion of human outer space activities but aspring commercial actors must recognize that foreign policy, as well as obligations to the international community as a whole, ensure that commercial space activities will not operate in a legal and regulatory vacuum. As commercial space matures the law and accompanying regulation will most certainly evolve and choose to become participants in the inevitable evolution of law and regulation.

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A Study on the Practical Approach of European Union's Market Access through the Understanding of Tariffs and Non-Tariff Barriers in European Union (EU의 관세 및 비관세 장벽 이해를 통한 EU시장 개척 방안)

  • Jung, Jae-Woo;Lee, Kil-Nam
    • International Commerce and Information Review
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    • v.16 no.4
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    • pp.191-225
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    • 2014
  • Most of all, this paper analyzes the current situation of EU(European Union) and ascertain EU's economic condition in terms of tariff lines and non-tariff barriers. and the purpose of this article is to find out the problems of EU's tariff lines and non-tariff barriers. Next, We suggest some future direction of export promotion from Korea to EU more largely for our companies. First, this paper describes the characteristics and outline of EU. The EU is a politico-economic union of 28 member states that are primarily located in Europe. The EU traces its origins from the European Coal and Steel Community(ECSC) and the European Economic Community(EEC), formed by the Inner Six countries in 1951 and 1958, respectively. After that, The Maastricht Treaty established the European Union under its current name in 1993. The latest major amendment to the constitutional basis of the EU, the Treaty of Lisbon, came into force in 2009. There are a combined population of over 500 million inhabitants and generated a nominal gross domestic product(GDP) of 16.692 trillion US dollars in EU. The results are as follows ; First of all, In terms of tariff lines and customs duties, Our companies have to know precisely EU's real tariff lines and other customs duties, and such as value added tax and exercise tax, corporate tax regulated by EU commission and EU's 28 members. second, our companies have to confirm EU's non-tariff barriers. such as RoHS, WEEE, REACH. These non-tariff barriers could be hindrances or obstacles to trade with foreign companies in other countries. We perceive all companies exporting to EU are related with these Technical Barriers to Trade irrespective of their nationality. So, Our companies fulfill the requirements of EU Commission concerning safety, health, environment etc. Also, Our companies choose market-driven strategy to export more largely than before in the field of marketing and logistics.

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The Applicant's Liability of Examination of Document and Notification of the Discrepancies in Credit Transaction (신용장거래에 있어서 개설의뢰인의 서류심사 및 통지의무)

  • Park, Kyu-Young
    • International Commerce and Information Review
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    • v.8 no.4
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    • pp.105-121
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    • 2006
  • This study is related with the judgements of our country's supremcourt against the transaction of Letter of Credit which is beneficiary's fraudulent trade deal. In this case I think to analyse the judgements and to present the basic grounds on which the judgements were established. In Letter of Credit transaction, there are the major parties, such as, beneficiary, issuing bank, or confirming bank and the other parties such as applicant, negotiating bank, advising bank and paying bank. Therefore, in this cases, the beneficiary, the French Weapons' Supplier who did not shipped the commodities, created the false Bill of Lading, let his dealing bank make payment against the documents presented by him and received the proceeds from the negotiating bank or collecting bank, thereafter was bankrupted and escaped. For the first time, even though the issuing bank conceived that the presented documents were inconsistent with the terms of L/C. it did not received the payment approval from the applicant against all the discrepancies, made the negotiating bank pay the proceeds to exporter and thereafter, delivered the documents to the applicant long after the time of the issuing bank's examination of documents. The applicant who received the documents from the issuing bank, instantly did not examine the documents and inform to the issuing bank whether he accepted the documents or not. Long time after, applicant tried to clear the goods through custom when he knew the bill of ladings were false and founded out the documents had the other discrepancies which he did not approved. As the results, the applicant, Korea Army Transportation Command claimed, that the issuing bank must refund his paid amount because issuing bank examined the documents unreasonably according to u.c.p 500 Act 13th, 14th. In spite of the applicant's claim, the issuing bank argued that it paid the proceeds of L/C reasonably after receiving the applicant's approval of an discrepancy of document, the delayed shipment, but for concerning the other discrepancies, the trivial ones, the applicant did not examined the document and noticed the discrepancies in reasonable time. Therefore the applicant sued the issuing bank for refunding it's paid proceeds of L/C. Originally, this cases were risen between Korea Exchange Bank and Korea Army Transportation Command. As result of analysing the case, the contents of the case case have had same procedure actually, but the lower courts, the district and high courts all judged the issuing bank was reasonable and did not make an error. As analysing these supreme court's judgements, the problem is that whether there are the applicant's liability of examining the documents and informing its discrepancies to the issuing bank or not, and if the applicant broke such a liabilities, it lost the right of claiming the repayment from issuing bank. Finally to say, such applicant's liabilities only must be existed in case the documents arrived to the issuing bank was delivered to the applicant within the time of the documents examination according to u.c.p 500 Act 14, d. i. But if any the documents were delivered to applicant after time of the documents examination, the applicant had not such liabilities because eventhough after those time the applicant would have informed to the issuing bank the discrepancies of documents, the issuing bank couldn't receive repayment of its paid proceeds of document from the negotiating bank. In the result after time of issuing bank's examination of documents, it is considered that there's no actual benefit to ask the applicant practice it's liability. Therefore finally to say. I concluded that the Suprem Court's judgement was much more reasonable. In the following, the judgements of the supreme court would be analysed more concretely, the basic reasons of the results be explained and the way of protecting such L/C transaction would be presented.

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A study on consumer satisfaction based on company mistakes compensation program for companies advancing into overseas market: a comparison of laptop and restaurant service between Korean and Japanese consumers (해외진출 기업을 위한 기업과실 보상프로그램의 소비자 만족도 연구 : 한.일 소비자의 노트북 구매와 레스토랑 서비스 비교)

  • Sohn, Won-Sang
    • International Commerce and Information Review
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    • v.15 no.1
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    • pp.3-34
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    • 2013
  • This research, which was experimented by dividing tangible and intangible products, established the influence that affects recovery for consumers' complaint behavior and behavioral intention as per each different compensation program. In Experiment 1, the consumers, who experienced complaint behavior owing to company's mistake, have preferably recovered through the compensation program offered by the company. However, there was a significant difference in preference recovery between products that caused complaint behavior. According to the study result, the more clear preference recovery was shown in the case of purchasing laptop than the case of dining in family restaurant. Additionally, the consumers' emotion recovery was possible through compensation.; There was a emotion recovery disparity depending on product type between purchasing laptop case and dining in family restaurant case. The consumers, who experienced complaints, were only able to recover their preference, emotion, and behavioral intention through compensation of which recovery was greater in tangible product case than ordinary service. Meanwhile, there was no distinct difference between recovery compensation types even though the products were identical-type ones whereas it appeared that such tangible product which showed greater purchasing effort as laptop computer was more effective in stimulating emotion response. In Experiment 2, the purpose was to find out the difference between complaint behavior and its recovery process shown after purchase by Korean and Japanese college students, who have different consumer purchasing habits. The both consumers of the two countries, who experienced complaint behavior, demonstrated precise difference in preference recovery while the emotion and behavioral intention exhibited no disparity between the two consumer groups. In this experiment, it was learned that Korean college students were show-off purchase type consumers while on the other hand, the Japanese college students were famous product purchase type consumers. Thus, there was a clear difference in laptop computer purchase process and post-purchase evaluation between these two groups. In particular, the Korean college students had quicker preference recovery through compensation than the Japanese college students on account of their tendency to be consciousness of others. Nevertheless, there was no difference between the emotion recovery and re-purchase recovery and therefore, the compensation program for complaints was proven to affect the emotion and behavioral intention.

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A Study on the Legal Explanation and Cases of the Buyer's Obligation to Pay the Price for the Goods under CISG (CISG하에서 매수인의 물품대금지급 의무에 관한 법적 기준과 판결례에 관한 고찰)

  • Shim, Chong-Seok
    • International Commerce and Information Review
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    • v.15 no.3
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    • pp.199-224
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    • 2013
  • Section I of Chapter III ('Obligations of the Buyer') in Part III ('Sale of Goods') of the CISG consists of six articles addressing one of the fundamental buyer obligations described in article 53 of the CISG: the obligation to pay the price. Although the amount of the price that the buyer must pay is usually specified in the contract, two articles in Section I contain rules governing the amount of the price in particular special circumstances: article 55 specifies a price when one is not fixed or provided for in the contract, and article 56 specifies the way to determine the price when it is 'fixed according to the weight of the goods'. The remaining four provisions in Section I relate to the manner of paying the price: they include rules on the buyer's obligation to take steps preparatory to and to comply with formalities required for paying the price (article 54); provisions on the place of payment (article 57) and the time for payment (article 58); and an article dispensing with the need for a formal demand for payment by the seller (article 59). Especially article 53 states the principal obligations of the buyer, and serves as an introduction to the provisions of Chapter III. As the CISG does not define what constitutes a 'sale of goods', article 53, in combination with article 30, also sheds light on this matter. The principal obligations of the buyer are to pay the price for and take delivery of the goods 'as required by the contract and this CISG'. From this phrase, as well as from article six of the CISG, it follows that, where the contract provides for the performance to take place in a manner that differs from that set forth in the CISG, the parties' agreement prevails.

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Study on the Economic Co-operation action by analyzing the North Korea's Military Negotiations - Focusing on Inter-Korean Military Talks and working level talks about Gaeseong industrial complex - (북한 협상모델 분석을 통한 경제협력 실천방안 연구 - 남북 군사협상 및 개성공단 실무회담 사례를 중심으로-)

  • Lee, Sung-Choon
    • International Commerce and Information Review
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    • v.15 no.3
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    • pp.353-384
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    • 2013
  • When it comes to the current inter-Korean relationship, the two Koreas are in the step of core practical negotiation on exchanges and cooperation away from deadlock so far. It is expected that they will have more and frequent meetings in the future. Therefore, now is the time the South Korea needed to come up with systematic countermeasures because there is nothing more important and giving more impact on our society than the matter of North Korea. As the purpose of social science lies with the explanation and prediction of the social phenomena in the society, it is considered to be meaningful to analyze the representative military negotiations such as the defense ministry-level talks, general-level talks, and working-level talks between the two Koreas where the participants from South Korea consisting of the military representatives discussed with their counterparts of North Korea since the signing of the armistice in Korea on July 27, 1953. This study analyzes and evaluates the behaviors of North Korea's military negotiations with the South Korea in the Kim Jong-il era on the overall basis. In particular, the research tries to prove that the behaviors of military negotiations under Kim Jeong-il regime were made in the frame of the negotiation model by analyzing many negotiations presented in 'With Century', Kim Il Sung's Memoirs under his anti-Japan-guerilla era and suggesting the analysis frame of anti-Japan-guerilla style negotiation model. Based on the results of this proof, the study looks at carefully the specific characteristics of anti-Japan guerrilla-type negotiation.

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A Study on the legal position of the carrier under the right of stoppage in transit of CISG (국제물품매매계약(CISG)의 운송유보권 하에서 운송인의 법적지위에 관한 연구)

  • Lim, Jaewook
    • International Commerce and Information Review
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    • v.16 no.3
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    • pp.159-182
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    • 2014
  • CISG Article 71 (1) states that a party may suspend the performance of his obligations if, after the conclusion of the contract, it becomes apparent that the other party will net perform a substantial part of his obligations as a result of a serious deficiency in his ability to perform or in his creditworthiness or his conduct in preparing to perform or in perfoming the contract. CISG Article 71 (2) states a 'right of stoppage in transit' that if the seller has already dispatched the goods before the grounds described in the preceding paragraph become evident, he may prevent the handing over of the goods to the buyer even though the buyer holds a document which entitles him to obtain them. The present paragraph relates only to the rights in the goods as between the buyer and the seller. Under the right of stoppage in transit, the carrier copes with risks that the seller may claim damages arose from the handing over the goods, if he hand over the goods to the buyer and that the buyer may claim damages, if he deny handing over the goods to the buyer who has the document which entitles him to obtain the goods. Therefore the legal position of the carrier may become weak. This paper purpose to point out the legal weakness of the carrier under the right of stoppage in transit and to provide the proper legal act of the carrier and possible practice related to various characters of the contract of sale of the goods. Although there is the opinion it prevent from handing over the goods to the buyer actually under the interpretation that the buyer should take claim damages to the seller, if the goods are handed over to the buyer under the right of stoppage in transit, it is not appropriate because the opinion may disable the right of stoppage in transit. The right of stoppage in transit could be carried out under any payment conditions except letter of credit and under any mode of transportation except the cases that carrier is the buyer himself or the agent of the buyer. It could be executed regardless the forms of the transport document.

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A Study on the Legal Explanation and Cases of Remedies for Breach of Contract by the Buyer under CISG (CISG하에서 매수인의 계약위반에 대한 매도인의 구제수단에 관한 고찰 - CISG 제3편 제3장 제3절(제61조 내지 제65조)의 규정해석과 판결례를 중심으로 -)

  • Shim, Chong-Seok
    • International Commerce and Information Review
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    • v.14 no.3
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    • pp.231-251
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    • 2012
  • The remedies available to a seller that has suffered a breach of contract by the buyer are addressed in Section III of Chapter III of Part III. The first provision in the section, 61, catalogues those remedies and authorizes an aggrieved seller to resort to them. The remaining provisions of the section address particular remedies or prerequisites to remedies. The subject matter of the current section remedies for breach of contract by the buyer obviously parallels that of Section III of Chapter II of Part III remedies for breach of contract by the seller. Many individual provisions within these sections form matched pairs. Thus 61, which catalogs the seller's remedies, which catalogs the buyer's remedies. Other provisions in the current section that have analogues in the section on buyer's remedies include 62, seller's right to require buyer's performance 63, seller's right to fix an additional period for buyer to perform and 64, seller right to avoid the contract. As was the case with the provisions on buyers' remedies, the articles governing sellers' remedies operate in conjunction with a variety of provisions outside the current section. Thus the seller's right to require performance by the buyer is subject to the rule in 28 relieving a court from the obligation to order specific performance in circumstances in which it would not do so under its own law. The authorization in 61 for a seller to claim damages for a buyer's breach operates in connection with 74-76, which specify how damages are to be measured. 49, stating when an aggrieved seller can avoid the contract, is part of a network of provisions that address avoidance, including the definition of fundamental breach, the requirement of notice of avoidance, provisions governing avoidance in certain special circumstances, measures of damages available only if the contract has been avoided and the provisions of Section V of Part III, Chapter V on effects of avoidance.

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A Study on the Strategy for Enhancing the Service Export linked with Manufacturing Sector : focused on Stage System and Special Lighting Service (제조-서비스 연계형 수출상품화 모델 개발전략 - 무대장치 및 특수조명서비스 수출산업을 중심으로 -)

  • Park, Moon-Suh
    • International Commerce and Information Review
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    • v.10 no.4
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    • pp.457-491
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    • 2008
  • As stage equipment export markets along with special lighting service lack the attraction for already globally established businesses, such markets can be viewed as an advantageous opportunity for SMEs as in general. In reality, global businesses tend to focus on large construction projects and this indicates relatively less substantial markets such as stage equipment and special lighting service export are more suitable for SME businesses. However, possible problems may be recognized as following; doubtful capabilities by such businesses to join in the vast and competitive global market and pursue manufacturing and service based export. This point is also supported by the fact that such in general SME businesses have substantially less experience in exporting products and services abroad. Realizing the distinctive features of the Korean economy, it is unarguable that every sector and area of global market must be regarded and monitored closely. Hence, it can be argued that there is an imminent need for establishment of supportive institution to assist export process of combination of stage equipments and special lighting service. This study emphasizes the need to improve export process of stage equipments, special lighting services as well as other related products and services which have been focused in domestic market only until now. Further, it also analyzed the potential prospect of such direction reconciling current crisis our manufacturing industry is facing. Even though it maybe regarded as one of the niche market for export of Korea in the short term view, stage equipment and special lighting service industry may rapidly grow as the global cultural industries have grown along with the increase of national income earnings overall. Due to such advantageous features, it can be expected that such industries will show strong growth in the near future. After analyzing the fact that Korea's plants (eg. powerplants) export sector is at its boom, there is a need to transform stage equipment and special lighting service export market into a primary market from a secondary(niche) market for SMEs. This study is viewed from the Korean economic and export sector aspect in the aim of seeking a solution to conquest our realistic limit in our export sector by developing a suitable export model. There have been cases of very few attempts to expand abroad by SMEs who have failed miserably due to their failure to adapt to foreign culture, practice and languages as well as substantial lack in experience in export marketing. Despite this, neglecting our manufacturing industry as it is which is showing its limit and problems is out of option therefore, it is imminent that we come up with an effective measure to address this problem and service export can be suggested as one of them. This study reveals manufacturing-service export model of stage equipment and special lighting service and its related areas is recognized as a field with a very strong future and furthermore, it is expected to bring synergy effects in manufacturing and services sector as well. Further, the operation strategy contains combination, composition and fusion(convergence) of manufacturing and service sectors which could derive various of export products which displays greater success probability or this export model. The outcome of this research is expected to become a useful source for enterprises related to such industry which are seeking a possible global expansion. Furthermore, it is also expected to become a catalyst which fastens the process of global expansion and not only that, we are firmly assured that this study will become an opportunity to improve our current policies and institutions related to this area's export market.

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