• 한국중재학회지:중재연구
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• 제16권1호
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• pp.81-119
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• 2006

The parties in the trade can have full autonomy and can resolve disputes independently, impartially and without delay by selecting arbitration by agreement. Korea and Japan had revised their Arbitration Laws to incorporate as many provisions of the 1985 UNCITRAL Model Law as possible. Japan had amended its century-old arbitration law, becoming the 45th country to adopt the UNCITRAL Model Law on International commercial arbitration. New Arbitration Law was enacted as Law No.138 of 2003 and effective on March 1, 2004, is applicable to both national and international arbitration. Korea had amended its arbitration law on December 31, 1999 and its New Arbitration Law incorporates the most of the 1985 UNCITRAL Model Law as Japan. Arbitration must be popular in resolving international commercial disputes in Northeast Asian bloc in order to increase the volume of intra-trade in the Northeast Asian bloc. But in order for the parties to make use of arbitration in the bloc, the arbitration laws of nations in the bloc must have similarity and unification. As Korea and Japan playes important roles in the bloc, both nations's arbitration laws must be studied in view of similarity and difference to unify both nations' arbitration laws by way of showing an example. Therefore, this paper deals with both nations' arbitration laws in view of comparative law to unify their arbitration laws and Northeast Asian Nations' arbitration laws.

• 유통과학연구
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• 제21권9호
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• pp.115-121
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• 2023

Purpose: This study aimed to deal with disputes between the seller and the buyer in connection with the Letter of Credit (LC) in a sales contract. The Contracts for the International Sale of Goods (CISG) provides the rules on the fundamental breaches which can lead to termination of the sales contract but the CISG is not enough to govern issues arising from the LC disputes when the sales contract is not clear about the payment terms. This paper tried to find some solutions to the disputes by considering international rules, such as the Principles of European Contract Law (PECL). Research design, data and methodology: The methodology applied in this study was an analysis of some court decisions and extended literature review. Results: The study revealed that in contracts for the sale of international goods, the buyer was obliged to open an LC as manner of payment. If the buyer failed to open an LC or amend the terms of the LC, the seller could avoid the contract because this could deprive the seller's expected interest. Conclusions: Few studies in Korea have been comprehensively analyzed in terms of the obligations of regarding the LC with respect to the CISG in court cases. This study suggests safeguarding the buyer and seller when the LC is considered absolute or conditional.

• 한국중재학회지:중재연구
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• 제29권3호
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• pp.99-119
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• 2019

In recent times, the volume of cross-border e-commerce has witnessed an upward trend and has been accompanied by increased disputes, with cross-border e-commerce being characterized mainly by low value and large volume issues. For this reason, Online Dispute Resolution (ODR) was formed to carry out dispute resolutions in cross-border e-commerce. A virtual multi-door ODR platform for small value, cross-border disputes in e-commerce is then proposed in this paper. For a couple of decades, researchers have tried to employ Artificial Intelligence (AI) to Law. However, it turns out that they were faced with a couple of obstacles to integrate AI to Law since it is highly difficult to program AI to process the common sense of a human being. For example, AI cannot assimilate the affective side of a human being, and it is problematic to integrate a human being's common sense into the AI system. Considering this situation, this study puts forward an ODR model for cross-border e-commerce in the evolutionary perspective.

• 한국중재학회지:중재연구
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• 제28권2호
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• pp.111-135
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• 2018

As the disputes in the investment and civil/commercial sectors of China and Taiwan have increased due to active cross-strait economic exchanges, the Chinese government is addressing cross-strait disputes through various dispute resolution methods. In recent years, the Arbitration Center Across the Straits (ACAS) has been established to resolve disputes between cross-strait parties, while ACAS Arbitration Rules have been enacted and enforced. ACAS Arbitration Rules are prepared by referring to the Arbitration Act of China and Taiwan, the relevant provisions and practices of the China International Economic and Trade Arbitration Commission (CIETAC) Arbitration Rules and the cross-strait practical affairs of the China International Economic and Trade Arbitration Commission, and the cross-strait practical affairs giving consideration to the specificity of the cross-strait relationship and the characteristics of economic and trade disputes. Therefore, this paper has compared the features and main contents of the ACAS Arbitration Rules with those of the CIETAC Arbitration Rules. This refers to arbitration proceedings such as form and effect of arbitration agreement, decision of place of arbitration, and organization of arbitral tribunal; the provision of consolidation of multiple contracts and arbitration, and the provision of joinder of arbitration parties, which are implementing the "principle of party autonomy" with streamlining arbitration proceedings and reducing costs; "common, simple, and small sum arbitration proceedings which require shorter arbitration proceedings depending on the size of the arbitration object; and regulations on the "interconnection of mediation and conciliation" which is characteristic of China's arbitration system. Based on the above-mentioned main contents of the ACAS Arbitration Rules in China, there are some implications to be considered in the establishment of the Arbitration Rules of the South-North Commercial Arbitration Commission which will be applied to solve commercial and investment disputes arising from the Inter-Korean Economic Cooperation process, suggesting implications such as the need for the rapid composition and operation of the South-North Commercial Arbitration Commission, requirements for selecting arbitrators, expansion of the object of arbitration, specification of concreteness in deciding the place of arbitration, need to create a variety of arbitration proceedings, and application plan of the International Center for Settlement of Investment Dispute (ICSID) or Third Power Arbitration Agency.

• 통상정보연구
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• 제6권1호
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• pp.129-153
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• 2004

In order to succeed in e-Trade Project in Korea, the related parties endeavor to introduce the e-title registry model such as Bolero model(Title Registry Model) and TEDI model (Repository Service Provider Model). Prior to mentioning the Model of e-Title Registry, desirable Global e-Trade Platform is the platform connecting Global e-Trade Platforms in each country and Bolero's Core Messaging Platform and e-Title Registry must be established in each country. Each e-Title Registry must be connected with another registry. Like Korea, Recognized Electronic Document Repository must be established as proxy for preserving, attesting, carrying out sending and receiving electronic document to prevent from disputes between parties and to carry out notarizing electronic documents and related transaction. The purpose of this paper is to promote the introduction of e-Title Registry in the e-Trade and to streamline the procedures of the electronic bill of lading.

• 무역상무연구
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• 제22권
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• pp.255-285
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• 2004

After more than 15 years of negotiations, China was finally able to achieve the WTO membership, opening up new trade opportunities for China as well as existing WTO members. China accepted a special safeguard mechanism as one of its WTO- plus commitments. And in response, Korea has since introduced China special safeguard rules, which in simple terms, allows an invocation of safeguard measures against Chinese product imports under more lapse conditions than would normally be allowed under the existing general safeguard rules. China also introduced new safeguard rules in November 2001 in an effort to increase transparency in its operation of safeguard measures. However, the current article contends that the new rules pose a serious threat to free trade in the form of the retaliation provision, which enables China to take unilateral retaliatory actions against safeguard measures on Chinese product imports, It indicates that the provision could be operated in an arbitrary manner as the US Super 301, and lead to infringements of WTO disciplines. This paper indicates that the foregoing elements could lead to mort trade disputes between Korea China regarding safeguard measures and subsequent retaliations on the hills of the so called the Garlic War. The current article goes on to offer policy recommendations toward deterring such disputes. First, it recommends a more active invocation of Korea's own retaliatory provision against China's unilateral actions at least to gain negotiating leverage. Second, it sites problems involving China's still conspicuous state-trading practices, and proposes to raise issues again China to induce more faithful implementation of WTO disciplines Final, it stresses the importance of preventing disputes before they arise, and suggests several specific preventive measures.

• 한국정보통신학회논문지
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• 제24권3호
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• pp.420-427
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• 2020

미·중 무역 분쟁이 시작된 이래로 전 세계의 관심은 물론이고 각 국의 무역에도 영향을 미치게 되었다. 하지만 미·중 무역전쟁은 전통산업의 경쟁에만 국한되지 않았으며 5G 산업의 경쟁도 갈수록 치열해지고 있다. 본 연구는 문헌연구를 중심으로 미국이 중국의 화웨이 회사에게 제재를 가하게 된 심층적인 원인을 분석하였다. 또한 이에 대한 문제점을 파악하고 해결방안을 제시하고자 한다. 미·중 무역 전쟁이 끊임없이 확대되고 빠르게 성장하고 있는 중국 산업은 미국의 산업에 영향을 줄 수 있으며 미국의 제재는 더 강화될 수 있다. 미국의 제재에도 불구하고 중국 5G의 빠른 속도와 효율적인 비용은 중국의 경쟁력을 더욱 높여 주고 있다. 하지만 앞으로 미국의 경제제재 하에서 중국의 5G 산업은 어떻게 생존하고 더욱 발전 할 것인가에 대한 심도 있는 연구가 이루어져야 한다.

• 문화기술의 융합
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• 제10권2호
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• pp.245-255
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• 2024

본 연구에서는 중국의 한국과의 무역 재개의 다양한 시사점, 즉 무역 구조 재편, 무역 정책의 변화와 기업의 경쟁력에 미치는 영향, 양국이 무역 분쟁을 해결한 방법 등을 살펴볼 것이다. 우리는 역사적, 경제적 관점에서 중국과 한국 간 무역의 진화를 평가하고, 정책 변화가 기업의 전략을 어떻게 형성했는지 분석하며, 이러한 변화가 글로벌 경제에서 양국의 입지에 어떤 영향을 미쳤는지 논의할 것이다. 이 연구를 통해 지역 경제 협력과 글로벌 경제거버넌스에 대한 더 깊은 이해와 미래 정책 결정에 대한 통찰력을 제공하는 것을 목표로 한다.

• 아태비즈니스연구
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• 제13권2호
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• pp.183-195
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• 2022

Purpose - The study attempted to analyze how the U.S.-China trade dispute affects a highly trade-dependent South Korea. Currently, major domestic and international institutions have issued a number of conflicting predictions that the trade dispute between China and the United States will have a positive and negative impact on South Korea. Accordingly, the present study attempted to analyze using actual data. Design/methodology/approach - The analysis was conducted using actual import and export data from the United States and China and actual import and export data from the United States and China from South Korea. The analysis measured the number and amount of imports and exports by year and month, and the rate of increase and decrease. We also looked at trade dispute days, import and export outcomes and what the impact was. In addition, as a result of the US-China trade dispute, the amount of change in Korea's imports and exports was analyzed. Findings - Empirical analysis shows that South Korea's exports to the United States and China have increased. The analysis results are as follows. First, exports to the United States increased by 5.65% in 2018 and 6.45% in 2019 compared to 2017. Second, exports to China surged 12.34% in 2018 compared to 2017. This increase in South Korea's exports to the United States and its mass exports to the United States shows that South Korea has benefited from the trade dispute between the United States and China. Research implications or Originality - South Korea, which is highly trade-dependent, has been heavily affected by the U.S.-China trade dispute. Various predictions are made about this. The analysis showed that South Korea's export volume has increased. In the end, the effect of the trade transition to the 3rd country did not occur. Rather, the U.S.-China trade dispute appears to have helped South Korea.

• 한국중재학회지:중재연구
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• 제17권3호
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• pp.145-167
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• 2007

Digital goods are defined as intangible and non-physical goods, composed of a combination of digital signals, electronically represented as 0 and 1. They are also called as digital products, electronic transmissions, information goods, digital contents, computer information, etc. Digital goods are now traded both domestically and internationally as well as on-line and off-line. Korean government revised the Basic Law on Foreign Trade to include digital goods and services as the scope of foreign trade in 2001. Trade volume of digital goods are increasing in Korea. The supply chains of digital goods from producing the components to selling globally to consumers are different from conventional physical goods. Mostly, digital goods are traded on the license basis rather than ownership contract. End User License Agreements(EULAs), such as shrink-wrap, click- wrap, or browser-wrap licenses are very popular in online transactions. Unlike conventional physical goods. the breach of license contract is closely linked with the infringement of intellectual property rights. Digitalized intellectual property is easy to copy and transmit in the cyber space. In cases of legal disputes from the breach of license contract, commercial arbitration or on-line alternative dispute resolutions(ADRs) are regarded as better approach to solve them rather than court sues. For promoting more secure and reliable international trade of digital goods. arbitration clauses should be included in most of license contracts.