• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.51
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• pp.465-495
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• 2011

Domestic franchised businesses have been showing relatively fast growth, but the growth is expected to slow down as in those developed countries. In face of this changing market environment, domestic franchisers will have to turn their eyes abroad to achieve sustainable growth. On the other hand, more international franchisors could pursue expanding into the Korean market due to economic or strategic reasons in their home countries. In general, enterprises are faced with several barriers when entering foreign markets by franchising their operation. Issues relating to such entry barriers can be broadly classified into legal and managerial. To begin, international franchising necessitates enterprises to handle various aspects of legal issues. There are no internationally unified rules for franchise agreements as in international goods purchase contracts. This forces franchisors to have deep knowledge of concerned regulations and practices of each of the individual target countries, in particular franchising practices which differ from those of their own countries in terms of rights and obligations of the involved parties. Having regard to this situation, this study reviewed the EU's PEL CAFDC and other domestic and overseas regulations governing franchising. From the results, several contractual obligations were derived that need to be taken into account when handling the issues around the international franchise agreement. In closing this paper mainly having in mind enterprises in various business lines seeking to expand into international franchising, some unmet needs are worth commenting. First, there is an urgent need to establish practical guidelines along with the model agreement addressing the issues of international franchising in the absence of any unified international rules. Second, to meet the first need above, it is needed that the relevant authorities conduct a comprehensive review of the existing franchising regulations available across overseas countries and, based on the results, embark on gathering good common elements in the existing franchising regulations in individual countries, ultimately developing the best possible guidelines and examples.

• Korea Trade Review
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• v.44 no.6
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• pp.201-216
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• 2019

At present, there are various standards used as the governing law of contracts for establishing, implementing, and resolving disputes between the parties to international sales contracts, called "Forum Shopping." Uncertainty and increased transaction costs, which may arise from these various norms, may hinder the activation of international commerce. This study examines the process of enacting and examining various international unification norms that have emerged through international organizations to eliminate trade barriers caused by choice of governing law concerning parties involved in the international sale of goods. Issues regarding the positive and negative perspectives are discussed to identify obstacles to international unification norms. In particular, by comparing and analyzing the differences between the regulations of the CISG and PICC, the representative international unification norms on international sales contracts, the possibility of unification of the norms on international sales contracts are reviewed. Direction for the establishment of a single international regulation is presented for reducing the transaction costs and uncertainties in the international sale of goods.

• Management & Information Systems Review
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• v.24
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• pp.45-71
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• 2008

These days the international environmental regulations of the developed countries, especially from the EU, are rapidly changed to the regulations of product-based environment from a conventional end-of-pipe environmental technology. Especially the motive in this paper come from the EU's electrical and electronic equipment environment regulation. It may affect much to whole export of Korea Firms Integrated product policy has the potential to increase not only competitive power in today's global market, but also trade compatibility between countries. Furthermore it is important to make a contribution to sustainable development. CEOs must change their notions about firms' environmental policy from the end-of-pipe approach to the sustainable approach to improve company's competitive power. As emphasized a paradigm of naw environmental management by EU' environmental directives, the company must establish clean production system to save resources and reduces pollutant. Also Korean Company constructs a systematical network to collect EU' environmental regulation information which are changing rapidly. Large company will cooperate with small and medium-sized firm for their win-win strategy in the field of environmental management. Also it is necessary to make the domestic regulations of product-based environment to meet the international environmental regulations.

• Korean Journal of Human Ecology
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• v.13 no.1
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• pp.1-16
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• 2004

The purpose of this study was to examine the self-regulation in E-commerce business and review the major issues of self-regulation in several countries. This paper reviewed the legislation for the self regulation of APEC, OECD and EC, and introduced the regulation system for several countries, such as U.S. U.K and Japan. Also, we analyzed the current issues and problems of self-regulation in Korea and tried to suggest the future direction. There were three different regulations such as market forces, government regulation and self-regulation and the model of self-regulations were shaped in various types. Even though the government made the standard regulations for business sector but it was impossible to direct individual firms and their compliance of those regulations. To compensate the government regulation, the self regulation with low cost is needed and also two kinds of regulations has to be unified to enhance the regulation system in E-commerce. Industries should participate for the regulation voluntarily and consumers must give an award of legislation for self-regulation to motivate the self-regulations of industries.

• Journal of the Korean Society for Aviation and Aeronautics
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• v.16 no.4
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• pp.69-74
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• 2008

Aircraft fires due to accident at an airport may be under a special situation. An outstanding characteristic of aircraft fires is their tendency to reach lethal intensity within a very short time. In domestic aviation act, there are regulations related to services coping with the aircraft accidents within an airport. To cope aircraft fires, it is necessary to define clearly the regulations and standards about the services and related activities of rescue and fire fighting, and to keep the regulations and standards. The study has been performed on the basis of International Civil Aviation Organization (ICAO) Airport Services Manual of rescue and fire fighting. The objective of study is to suggest improvement methods for standards applicable to actual service practices of rescue and fire fighting by analyzing through the comparison of domestic and international regulations and standards.

• 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 Transactions of The Korean Institute of Electrical Engineers
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• v.63 no.3
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• pp.437-443
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• 2014

Electric motors and drives consume the largest amount of electricity more than 40% of global electricity consumption. In addition, motors, drives and its components are included in the global high-trade products and the main driving source for industrial equipment and house appliances. Thus, International standards and regulations for their safety and efficiency are internationally being discussed and created for the protection of its citizens and energy saving. So, understanding the international standards and the regulation of each country is essential to enhance overseas market and to develop product. In this paper, on the basis of this background, status and trends of international standards and regulations are introduced for safety and efficiency of motors and the drives. Safety and efficiency of the IEC (International Electrotechical Commission) standards are introduced in the emphasis. Also, regulations are studied about the differences and trends in each county.

• Journal of the Korean Society of Fisheries and Ocean Technology
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• v.53 no.4
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• pp.456-470
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• 2017

We propose some countermeasures needed to cope with fortifying international regulations for fisheries subsidies. The government should rigorously select the recipients of fisheries subsidies to ensure that they are not engaged in ineffective projects by resorting to subsidies. On the other hand, the government should make the individual applicant's application for the subsidies easier by exempting them from the submission of a burdensome feasibility report. As for the strengthening regulatory international movements against the fisheries subsidies, we can consider the following countermeasures. One is not to designate and provide prohibitive subsidies in such a way that violates international norms. The other one is to reform the domestic fisheries subsidies system in Korea with the following points considered. It should be considered that fisheries subsidies, which can be categorized as the actionable subsidies, should not be granted to the items that can be exported but to the items that can be used for domestic consumption or processing. In the case of non-actionable subsidies, the subsidies are mainly allowed for promotion of public-sector research and development, regional development, and adaptation to new environmental regulations. Thus, the non-actionable subsidies should be designated in the consideration of the allowances for these activities.

• Journal of Arbitration Studies
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• v.31 no.2
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• pp.23-46
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• 2021

Sports disputes have specific characteristics compared to disputes that arise in the field of commerce. One particularity is the judicial system in which the CAS plays a key role as the International Supreme Court for sports-related matters. The CAS Code applies whenever the parties agree to submit a sports-related dispute to the CAS(Art. R27). Once the parties to the arbitration agreement have decided that the CAS Code should govern their proceedings. The parties' autonomy is, however, limited to the provisions of the CAS Code that provide for such a corresponding autonomy. The application of the mandatory rules contained in the CAS Code cannot be excluded. In CAS appeals arbitration proceedings, the Panel shall decide the dispute according to the applicable sports regulations and, subsidiarily, to the rules of law chosen by the parties(Art. R58). In international sports disputes, the uniform application and interpretation of the relevant regulations are essential. Therefore, Art. R58 should be applied as a mandatory rule without any changes. Regulations of the sports organizations are to be qualified as valid rules of law. CAS panels may also apply the so-called lex sportiva to the merits before considering statutory provisions of national jurisdictions. In this way, the specificities in (international) sports disputes can be taken into account without the need to further examine the application of national legal standards.

• Journal of Convergence for Information Technology
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• v.11 no.12
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• pp.80-89
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• 2021

In order to combat the spread of COVID-19, on January 30, 2020, the World Health Organization declared that the spread of COVID-19 has met the criteria of a "Public Health Emergency of International Concern" under Article 1 of the International Health Regulations(2005) and proposed a variety of preliminary recommendations to fight against the pandemic accordingly. All of a sudden, people are ordered to wear face-masks in public-which is forbidden for different reasons in many jurisdictions. Of course, the legal world was hit by the virus as well. Needless to mention that where economic and social life will change so drastically, the legal world will change(ex. virtual hearing) as well. Most probably, it will not ever be the same after COVID-19. And where the whole legal world will change, it is easy to state the obvious, namely that COVID-19 has and will have an impact on international arbitration as well. This paper will describe how international arbitration is dealing with this new challenge.