• Journal of Information Technology Services
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• v.11 no.2
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• pp.119-130
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• 2012

Nowadays, encryption is core technology widely used in IT industry to protect private information of individuals and important intellectual assets of companies. However, when criminals and terror suspects abuse such technology, national security can be threatened and law enforcement can be disturbed. To prevent such adverse effects of cryptography, some nations have enacted legislations that allow legally obtained encrypted data to be decrypted by certain law enforcement agencies. Hence it is imperative that firms having international presence understand and comply by each nation's regulations on decryption order. This paper explains circumstances under which legislations on decryption order were established, organizes countries with regulations and punishment, explores what global enterprises need to consider in making policies to effectively respond to decryption orders, and suggests that technological methods and managerial guidelines for control of encryption be established.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.183-197
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• 2014

1. This study focuses on recent developments of trade transaction between Korea and China. The volume of trade is most rapidly increasing. There have been many items considered to ensure the proper, impartial, and rapid settlement of disputes in private laws by international arbitration. The article contains recent tendencies and proceedings of cases including place of arbitration, language, and so on. 2. The contract made between parties has led to some interpretational, legal questions. Interpretational questions rise mainly from differences of legal systems and legal questions on applying law. The characteristic features of the contract have different meanings, so some articles of the contract can be construed unlawful as a result. 3. As regards the Arbitration Act of Korea, Article 10, the Arbitration Agreement and Interim Measures by Court stipulate the following: A party to an arbitration agreement may request from a court art interim a measure of protection before or during arbitral proceedings. This article examines the application of Article 10 of the Arbitration Act of Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.60
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• pp.79-106
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• 2013

The world is significant increasing investment volume into developing countries from foreign investors. Foreign financial capital is searching in interesting place among the emerging market. However foreign investors put still their experience in the economical and social crisis with political risks in the host countries. MIGA entered into the political risks insurance market which has one of the basic matter of sponsored the private investment guarantee programs. They put guarantee or covering risks of currency inconvertibility, expropriation, breach of contract and political violence. In the case contracts of guarantee concluded between investor and MIGA which are disputes in relation to such MIGA service contract, it should be settled by negotiation, conciliation and arbitration under the convention establishing the Multilateral Investment Guarantee Agency(MIGA). All disputes within the scope to states and investor of MIGA members shall be settled in accordance with the procedure set out in the convention. Recently, MIGA is opening the office in Seoul to strengthen joint efforts between MIGA and Korea. It will be a good chance to consider sustainable improvement and dispute solutions for emerging countries in foreign investment to the korean investors.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.297-324
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• 2016

China not only has the largest amount of rare earth reserves, but it also produces the most rare earth products. However, China lacks appropriate supervision and management systems of its rare earth industry. The Chinese government's inappropriate mechanisms have been cause for reckless development by national rare earth providers characterized by excessive competition, environmental pollution, and smuggling. In response to the problems, China implemented regulatory measures to restructure the rare earth industry. The Chinese central government intensifies its efforts to control the total quantity of rare earth products and tackle environmental pollution. Six leading conglomerates have been selected to promote the Chinese central government's policy. A new environmental guideline has been drawn up to reduce the discharging of wastewater and air pollution substance. Huge transition and a great influence of its policy changes are expected. These policy changes are bound to entail huge transitions, and the policy is expected to have a great influence in the future structure of the rare earth industry. In consideration of these changes, the Korean government, in collaboration with private enterprises needs to take appropriate measures, such as overseas resources development, R&D expansion, tactical stockpiling, professional manpower training and so on.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.33
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• pp.63-89
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• 2007

The UCP is an authoritative compilation of the customs and practice of letters of credit observed by most of the participants in the transaction. It remains the most successful set of private rules for trade ever developed. First issued in 1933, the UCP has been through five revisions, the latest being the present UCP 500, which came into force in 1994. Since 1994, new developments in transport, insurance, electronic commerce and banking industry have spurred the current revision of the rules. The ICC Banking Commission approved UCP 600 on October 25, 2006 by a unanimous vote of 91 to 0. The revision, which will come into effect on July 1, 2007, incorporates a number of changes from UCP 500 as follows : UCP 600 has a leaner set of rules, with 39 articles rather than 49 articles of UCP 500; New sections on "definitions" and "interpretations" have been added to clarify the meaning of ambiguous terms; The phrase "reasonable time" for acceptance or refusal of documents has been replaced by a firm period of five banking days; UCP 600 allows for the discounting of deferred payment credits. However, UCP 600 has two main problems such as the inconsistency with insurance industry and the banking community-oriented rules. We have some months before the commencement of UCP 600. From today to the commencement of UCP 600, we should study the full contents of UCP 600 and the influences on the trade industry.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.95-116
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• 2015

So far several attempts have been made to digitalizing sea transport documents. Three notable examples are SeaDocs, Bolero, e-B/L Korea and Ess-Databridge. Ess-Databridge was established in 2003, with the aim of promoting the use of electronic alternative to shipping documents. The ESS-Databridge system was piloted from 2005 and went live in January 2010. The ESS-Databridge operates under a private legal outline, the Databridge Services and Users Agreement (DSUA). In the Ess-Databridge system, only the user who is in control of the original bill of lading will be able to indorse it on to another user. Once the indorsement is effected and unless the indorsee decide store turn the documents, the indorser loses control and retains access only to an electronic document marked 'copy' for its records. A feature that appears to have been crucial to the success of the CargoDocs service is that visually, e-B/Ls produced using ESS-Databridge appear identical to the paper documents. The ESS-Databridge may be even more successful if the legislators take certain steps that will increase uniformity and certainty in electronic transport documentation.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.43-67
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• 2018

Arbitration is one of alternative dispute resolution systems which settle a dispute by arbitrators(private persons) based on a contract between contracting parties without a judicial litigation system involved. As a valid arbitration agreement is an essential requirement for commencement of arbitration, the first thing to be determined is whether there is a valid arbitration agreement or not when a dispute is submitted. A consumer arbitration agreement usually exists as an arbitration clause in an adhesive contract between consumers and a seller. When consumers buy a product from a seller, they are requested to agree on a general terms and conditions which are unilaterally drafted by a seller in advance. These terms and conditions are not negotiable because it is an adhesive contract and consumers are placed in "take-it-or-leave-it" position. Therefore, even though there is an arbitration agreement between consumers and a seller, it has to be carefully considered whether it has a legal effect or not. In this respect, a court will examine if an arbitration agreement has procedural unconscionability and substantive unconscionability. Therefore, as U.S is a well-advanced and arbitration-friendly country, this paper analyzes four U.S cases to find out (i) what a court considers, (ii) how a court examines and interprets procedural and substantive unconscionability and (iii) if there has been a change in regard to a court's decision. By doing so, it will provide some suggestions and guidelines for a consumer arbitration in Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.495-522
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• 2003

As a rapid development of electronic commerce transactions in these days, the security and private protection problems became more important matters under the electronic transaction base. Because electronic transaction using electronic documents be carried without direct person to person meeting, there can be the possibility to use other's identity illegally without notice, and very hard to verify authenticity of transaction as well. In addition, it is very hard to find out that the electronic documents on the process of submitting is forged documents or not, and also have much difficulty in maintaining transmitting secret. Therefore, to solve such problems on electronic commerce transactions and electronic documents, the digital signature and certification system with cryptography skill is inevitably necessary. As the wide use of digital signature together with beginning of digital government and financial transaction, not only the issuance of electronic certification, but certification market came to gradually expand. In Korea, after enacting digital signature act in 1999, the act contents were expanded to the wide range of contents complying with global standards from the end of 2001 to April, 2002, including the new clause of certification problems. And the act was put into operation now. Therefore, in this paper, we'd like to suggest development scheme through the investigation on electronic certification related problems, such as, concepts, procedures, service conditions here and abroad.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.29
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• pp.121-142
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• 2006

With the advent of Ubiquitous era, Korean government understood its strategic importance and formulated 'IT839 Strategies' with various action plans not to miss the great opportunities which it may allow and eventually to realize u-Korea. As a result, m-Commerce is actualized and new types of Ubiquitous services such as digital multimedia broadcasting(DMB) and wireless broadband Internet(WiBro) are now on their commercial stages. Digital contents are the key success factors of these new services. Digital contents industry is regarded as next generation of growth engine in the digital economy, because it is knowledge-based and high value-added global industry affecting positively on the whole private and public sectors. This paper reviewed the characteristics, business models, technical and market trend of digital contents to be compatible with Ubiquitous environment. Also, it reviewed the development strategies of DMB and WiBro services, which are newly introduced and commercialized in Korea to make it as world leader in these fields. It may be concluded that Korea should make more efforts to development market-oriented digital contents for Ubiquitous era and to realize the sustained economic growth.

• 한국항공우주법학회:학술대회논문집
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• 2008.05a
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• pp.19-30
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• 2008

This paper is intended to identify the main problems for attracting inbound tourists in Korea in conjunction with aviation sector. This paper mainly deals with policy issues of tourism-aviation sector. The major impediments in the aviation sector for attracting inbound tourists can be lack of flight seat supply at peak season, flight time schedule, and cooperation of Airlines. Policy suggestions for international tourism promotion in Korea can be summarized as: re-adjustment of flight time schedule between Japan-Korea routes, market promotion for attracting Chinese visitors, development of Korea-China-Japan triangular tourism product, efficient provision of airport facility, and in particular collaboration between government sectors of countries and private sectors of Airlines and travel agencies.