• International Commerce and Information Review
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• v.19 no.4
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• pp.175-197
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• 2017

As a revision negotiation on the KORUS FTA has become a national pending issue, this study aims to analyze changes in the trade structure of Korean export industry before and after the KORUS FTA. For the analysis, this study used Market Comparative Advantage(MCA) and Intra-industry Trade(IIT) indexes. Results of the analysis are as follows: First, in analyzing the competitive and complementary relationships of export products using the MCA index, it was discovered that Korea has formed an export-oriented complementary relationship with the United States. Second, the results of analysing IIT showed that Korea has made a low-quality vertical IIT with the U.S. in some items while it has usually made a weak IIT with the U.S.. Based on the results above, this study proposes a few policy suggestions in the following areas: Improvement of competitiveness in trade-deficit service sector, achievement of the balance of profit and loss in goods and service sectors through the revision negotiation of the KORUS FTA, enhancement of competitiveness in competitive and comparative disadvantage items, reinforcement of ability to respond to consumption patterns in U.S. market, etc. in export-dominant items, and pursuit of horizontal-vertical division of labor in comparative advantage items and horizontal division of labor in comparative disadvantage items.

• Journal of Arbitration Studies
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• v.27 no.2
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• pp.3-18
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• 2017

International legal reviews on ISD, a procedure for resolving disputes under the Korea-US FTA, are examined from the perspective of law. If the ISD system does not exist, even if the investor suffers damage due to the illegal act of the host country, he or she must file a lawsuit through the court of the host country, which is unreasonable from the investor's point of view and makes it difficult to guarantee fairness and transparency. Some of the Koreans pointed out that there are some problems with the KORUS FTA dispute settlement regulations, and that the United States federal courts are taking a friendly attitude to the decisions made by the US Customs in determining the dispute by the KORUS FTA Agreement and the US Customs Act. In cases where the State does not violate international law but results in harmful consequences, the responsibility of one country is borne by the treaty. Foreign investment always comes with many challenges and risks. Therefore, the ISD system is a fair and universal arbitration system, which is considered to be a necessary system even for protecting the Korean companies investing abroad. In the investment treaty, compensation for the nationalization of foreign property and reimbursement under the laws of the host country were dissatisfied with foreign investors. In particular, some Koreans have pointed out that there are some problems in the KORUS FTA dispute resolution regulations and there is a need for further discussion and research. Based on the experiences and wisdoms gained in the course of Korea-US FTA negotiations, the dispute arbitration mechanism is urgently needed to reduce the possibility of disputes and to make amicable directions.

• International Commerce and Information Review
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• v.14 no.4
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• pp.409-431
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• 2012

This article deals with the nature of ISDS along with the admissibility thereof, for the settlement of investment disputes between states and nationals of other states. ICSID as an organization of World Bank Group, has been established in 1966 and as of May in 2011, 157 nations ratified its convention. As for the Republic of Korea(ROK) it has been involved in the problematic situation with regard to ISDS of the KORUS FTA in negotiation with the United States. The ruling Grand National Party is pushing the FTA for ratification including ISDS. However, the opposition party, the Unified Democratic Party rejected the ISDS with a view to a toxin infringing on its judiciary sovereignty. The ROK has invested in the US 3.5 times more than the US did in Korea up to now. As a result, it seems that the ROK is more concerned about ISDS than the US is, considering that exhausting local remedy through the US local courts, applying even a municipal ordinance in their decisions which will be unsatisfactory toward the ROK side. The ROK is now struggling with the ISDS as a political issue between the ruling party and the opposition party mostly based on sovereignty with a reference on AUSFTA which excluded the ISDS. Australian model about ISDS has been impacted by the experience from the NAFTA which allowes direct claims against each other(the US against Canada and Canada against the US). It seems not to be much sympathy for developed countries because it has long been held to standards for pressing on developing countries. Australia is also struggling with ISDS from the political point of view likewise the ROK. And the ISDS is destined to the political situations established within the domestic countries among the political parties in relation with the acceptance or rejection of thereof.

• International Area Studies Review
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• v.13 no.3
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• pp.695-728
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• 2009

This study aims to conduct a quantitative assessment of potential economic impacts on the Korean economy of the concessions of the Korea-U.S. FTA (KORUS FTA) which was signed on April 1, 2007 using a dynamic computable general equilibrium (CGE) model, with all sectors, including agriculture, manufacturing sectors and services industry, considered for simulations. In addition, the timing of trade liberalization based on the concessions agreed on in the KORUS FTA talks for all sectors is explicitly considered. Major findings of this study are that Korea' real GDP would rise by 4.67%~4.99% by 2023 and the contribution of liberalization of services trade to Korea's economic growth would be 0.3%~0.62% points. Trade liberalization in service sectors would lead to lowered import prices and an increase in FDI, which are to contribute to an higher output and exports of sectors which make an intensive use of imported inputs and finally a higher economic growth of the Korean economy as a whole. For that to happen, a ratification of the KORUS FTA by the National Assembly of Korea and the U.S. Congress is required.

• Korean Journal of Agricultural Science
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• v.45 no.4
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• pp.905-916
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• 2018

The purpose of this study was to analyze factors affecting US beef consumption intention in the future, to identify the causes of US beef import growth and to derive implications and strategies for domestic beef producers. Since the KORUS FTA was signed in 2012, US beef imports in 2017 totaled 379,064 tons, an annual increase of 3.5 percent. US beef imports have been steadily increasing due to cuts in FTA tariffs and changes in consumer preferences. The data used in this study utilized a sample of 3,290 grocery purchasers from the Korea Rural Economic Institute's 2016 Food Consumption Behavior Survey. The analytical method used the Ordered Logit Model to analyze what factors influence a consumer's subjective evaluation. As a result, the major factors affecting US beef consumption intention in the future are price, taste and safety. In particular, it has to do with the recent surge in U.S. imports of good-tasting chilled meat. Because chilled meat does not differentiate the market from Hanwoo beef produced in Korea, it is necessary to have differentiated taste and low price through cost reduction. By age and family group, people aged 30 - 40 years and single-person households are the main consumption group. As a result of this study, it is necessary to establish marketing strategies for producers such as rational pricing, safety, taste promotion, and small-scale sales to extend the demand for Hanwoo beef in the younger generation to enhance the competitiveness of the domestic beef market.

• International Commerce and Information Review
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• v.15 no.4
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• pp.217-240
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• 2013

The investment environment in Korea and U.S. dramatically changed since Korea-US FTA. The key reasons for this successful change were liberalization and strengthened protection of investment along with trade liberalization which also brought investment market expansion. As the result of trade-diversion effect, investments between two countries have been enormously increased. Through a FTA with the big economy like US, Korea's FTA network has been largely expanded. Korea further needs to utilize this outcome when competing with other countries in investment markets.

• Korean Security Journal
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• no.27
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• pp.161-195
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• 2011

As crimes have increased to an extent that the police cannot cope with, there have been continuous discussions for the introduction of Private Investigation (hereafter PI) in Korea. However, attempts to legislate for the introduction of PI have failed every time PI bills for the introduction of PI were proposed. This was fundamentally because arguments both for and against the introduction of PI were sharply divided depending on the priorities. However, regardless of those clash of views, an apparent need for the legislation of PI service has arisen. As Korea opens its service market to other countries through GATS and FTAs, currently existing domestic PI law has been found to be inconsistent with international agreements such as GATS and KOREA-US(KORUS) FTA. This paper found that the Act on Usage and Protection of Credit Information which regulates PI service is inconsistent with the Article 12.4(a)(i) and (iii) of KORUS FTA and the Article 7.11 and the Article 7.13 of KOREA-EU FTA. If Korea does not modify the existing laws and establish new laws in relation to PI, such inconsistencies could lead to international trade disputes which could amount to billions of dollars. In this regard, the passage of the PI bill is necessary.

• The Journal of Fisheries Business Administration
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• v.39 no.3
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• pp.49-65
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• 2008

In Korea, deep-sea fishing industry is faced with pressure of being thrown out of business, because of the upcoming unfavorable business conditions such as the fishing regulation of coastal countries, Korea-US Free Trade Agreement(KORUS FTA), and the other socio-economic changes. Hence, we present an evaluation of future business competitive for the deep-sea fishing industry so that the government can develop a concession plan for the deep-sea fishing industry by utilizing the results of this study. In efficiency analysis of deep-sea fishing industry, the decision maker may have two problems: (1) how to deal with multiple inputs and outputs of deep-sea fishing industry and (2) how to assign the weights on different inputs and outputs, In this paper, we proposed to use Data Envelopment Analysis (DEA) to estimate efficiency of deep-sea fishing industry with multiple inputs and outputs. In the DEA, The direct impact of KORUS FTA, fishing regulation of coastal countries, fishing charges, and competitive fishing conditions were used as input parameters while the profitability and secured fishing quarters, as outputs. The results of DEA-BCC model indicate that 6 out of 12 DUMs have better efficiency under variable return to scale assumption.

• International Commerce and Information Review
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• v.15 no.1
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• pp.309-330
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• 2013

Trans-Pacific Partnership started as a small scale 4 countries regional trade agreement. It became a grand free trade agreement when the United States announced its participation and Japn considers to join. Korea still hasn't decided the stance however, considering the economic and political relationship with the United States and the impact of TPP, it looks like that Korea is going to join TPP. US led the TPP agreement is expected to be made based on the previous FTA agreements of the US. In the promising E-Commerce part, it is likely that the e-commerce leading US would suggest favorable agreement. If Korea joins the TPP, it's necessary to suggest what Korea wants and needs based on the previous KORUS FTA to promote Korean e-commerce for the future.

• Journal of Arbitration Studies
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• v.20 no.1
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• pp.109-131
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• 2010

Investment Agreement is to be a part of FTA, as negotiating together both trade and investment. For example, it has a separate chapter about investment in KORUS FTA contract and is more detailed and inclusive than BIT contents which are traditional investment provisions. It is called to the investment norm of FT A. The investment agreement lures a foreign investment by providing the environment which is stable to the foreign investors. Hence, it plans in goal for the economic development of the home country. In international investment, the arbitration award cases are coming out to be divided into two parts applying MFN provisions in investor protective principles and dispute resolution process; the tendency of broad interpretation and the tendency of limited interpretation. In the case of RosInvest Co UK Ltd v. the Russian Federation awarded in 2007, the arbitration tribunal interprets that the application scope of MFN provisions contain the more lucrative dispute provision than other BITs without limitations in entity right of the investor. This judgment is the same view as arbitration tribunal position of Maffezini case. The arbitration tribunal of Plama case has kept out an assertion magnifying the arbitration tribunal's jurisdiction. That is, for applying more inclusive investor-nation resolution method from different treaty, tribunal mentioned that MFN provision had to see clearly a point of applying the investor-nation dispute resolution method. Dispute resolution process providing inclusive MFN provision has both the tendency of broad interpretation and the tendency of limited interpretation. It needs ceaselessly to do the monitoring about cases of arbitration award. In conclusion, the point where MFN provisions are applied conclusively is recognized, but it is still controversial whether or not to magnify the jurisdiction of arbitration tribunal applying MFN provisions. Therefore, it does not exist clear principle in the theory or in the award eases about the application scope for entity protection provision of MFN. Hence, The Korean government of Korea and local autonomous entities needs to keep their eyes on the trend of the international arbitration award cases in relation to the investment dispute for the future. Also, Korean government or local self-governing group must consider MFN provisions when they make a contract of international investment treaty such as writing concretely the application of MFN provisions from KORUS FTA.