• Journal of Arbitration Studies
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• v.20 no.2
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• pp.27-47
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• 2010

It is well recognized that the availability of prompt, effective and economical means of dispute resolution is an important element in the orderly growth and encouragement of international trade and investment. Increasingly, arbitration, instead of litigation in national courts, has become the preferred means of resolving private international commercial disputes. Under the situation, it will be important thing for arbitral institutions to reach an agreement to promote the dispute settlement of the commercial disputes, for which efforts have been made between the Korean Commercial Arbitral Board(KCAB) and principal arbitration institutions of the foreign countries. Since 1973, the KCAB has entered into many arbitration agreements with well-known foreign institutions of arbitration. If the place of arbitration is not so designated by the parties, it, as a general rule, shall be the country of the respondent(s) under the Korea-Japanese Arbitration Agreement. On the other hand, the U.S.-Korean Commercial Arbitration Agreement maintains 'Joint Arbitration Committee which finally decide the place of arbitration. In 1996, the Korea-Austria Agreement of Cooperation was concluded for the prompt and equitable settlement on an amicable basis of commercial disputes. Under this Agreement, arbitral institutions between Korea and Austria agreed to act as an appointing authority in accordance with the UNCITRAL Arbitration Rules. It is also very important for Korea and China including North Korea to cooperate each other for the settlement of the commercial disputes within the Pan Yellow Sea Economic Bloc(PYSEB). The PYSEB is quickly becoming a distinctive and crucial region in the world sharing geographical proximity, many common historical experiences, and similar cultural norms and values although they have disparities in stages of development, trade and economic policies, and financial and legal frameworks. Finally, it should be considered to establish a central common system for settlement promotion of the commercial disputes within the PYSEB through the arbitration agreement. Such a dispute resolution system was already introduced and established within the area of the NAFTA, and it is called the Commercial Arbitration and Mediation Center for the Americas(CAMCA).

• Journal of the Korean association of regional geographers
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• v.12 no.2
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• pp.229-244
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• 2006

Geographical indications are signs which identify a good as originating in the territory of a specific country, region, or locality, where the quality, reputation or other characteristics of the product is essentially attributable to its geographical origin. Korea has implemented geographical indication system through its Agricultural Product Quality Control Act since 1999. This research analyzes the impacts and implications of geographical indications on a particular cultural industry in a region using a case study of Boseong green tea which is the first product that was officially registered as a geographical indication in Korea. The results show that the geographical indication has contributed to the promotion of green tea industry in Boseong not only through increase of production but also through development of tourism. The implication is that a geographical indication can be used as an effective method to cope with trade liberalization in terms of agricultural policy. Another implication is that a geographical indication provides an efficient tool for place marketing.

• International Commerce and Information Review
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• v.8 no.4
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• pp.23-41
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• 2006

The present paper aims to examine the Influences of on line word of mouth(WOM) information valence and information contents to the information searcher. Specially, to examine the interaction effect it's two variables. For that purpose, we categorize WOM information valence into two subcategories; positive and negative, and WOM content into two subcategories; objective evaluation and subjective evaluation. We conducted experimentation design 2*2 and subjects are asked to their attitude and purchase intention after they are exposed each of four different types of WOM information. The result can be summarized as follow; First, the negative WOM has stronger effect on consumer's attitude and purchase intention than positive. Second, factual WOM has stronger effect on consumer's attitude and purchase intention than subject. Finally, when consumer face negative WOM, subjective WOM has more effect on consumer's attitude and purchase intention than factual. On the contrary, when consumer face positive WOM, factual WOM has more effect on consumer's attitude and purchase intention than subject. In conclusion, the korean Foreign Trade Act and other relative acts should be revised, and both educational services and health services should be contained within the definition of "the international trade" for the governmental benefits of supporting the services exportation.

• International Commerce and Information Review
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• v.16 no.5
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• pp.67-86
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• 2014

The commercial arbitration is considered an effective and rapid means in solving problems and finding solutions for disputes between the business partners. For the development of commercial arbitration, there is a need to study arbitration in practice as well as in theory. This paper analyse the situation of commercial arbitration system in Pakistan both with respect to domestic laws and international laws applicable in Pakistan. The Arbitration Bill 2009 aims to consolidate law relating domestic arbitration, international commercial arbitration, recognition and enforcement of foreign arbitral awards as well as settlement of international investment disputes. Pakistan while defending investment claims and in order to restore investor's confidence, in 2011, Pakistan introduced a law to secure foreign investments. This study explains the relationship of old and new Pakistani arbitration laws and elaborates the changes brought about by the new enactments and gives a comprehensive analysis of Pakistani arbitration laws, rules and procedures dealing with arbitration agreements and awards. In the absence of relevant trade information in Pakistan, this paper is designed to meet the needs of a Korean international trade scholars to obtain an understanding of Pakistani commercial arbitration system quickly.

• Korean Security Journal
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• no.57
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• pp.253-275
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• 2018

Economic security emerged as a strong element of national security. Nations around the world are exerting their efforts to collect economic intelligence to serve their national interest while making added efforts to uncover industrial espionage and arrest industrial spies in defensive aspect. Cases in point are the enactment of "Economic Espionage Act(1996)" of the U.S. and the "Act on Prevention of Divulgence and Protection of Industrial Technology(2006)"of Korea. Korea is trying to punish industrial spying on the same level as espionage that poses national security threat by revising Criminal Code. It is necessary to review whether the move to toughen the punishment of industrial spying from "up to 15 years in prison and/or up to 1.5 billion won in fine" to "minimum seven years of imprisonment, life imprisonment or death penalty" is appropriate. Advanced nations regulate industrial spying with a special act on economy although they have applied espionage act not to "enemy states" but to "foreign countries" in the first place. Likewise, preventing industrial spying by applying espionage act through the revision of criminal code poses a risk of undermining the autonomy of industry sector by excessive influence of state power. Furthermore, the penalty of minimum imprisonment of seven years, life imprisonment or death penalty with the application of espionage act under the criminal code is an legal application by stretching of the law, posing a risk of dampening healthy economic activities. Therefore, revising and applying relevant economic laws such as aforementioned 'Act on Prevention of Divulgence and Protection of Industrial Technology(2006)' is thought to be desirable to achieve the goal of protecting industrial technologies.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.20
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• pp.23-62
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• 2003

The Law amending the Conflict of Laws Act of the Republic of Korea ("Korea"), which had taken two years to prepare, was promulgated on April 7, 2001 and finally took effect as of July 1, 2001. Accordingly, the old earlier Conflict of Laws Act which was called "Seoboesabeop" in Korean ("Prior Act"Old Act) was replaced by the new Conflict of Laws Act called "Gukjesabeop" in Korean ("New Act"). In fact the Old Act Prior Act was promulgated in 1962, but it was regarded as outdated from the moment of its promulgation. However, since the Old Act because it was modeled after the chapter of the Private International Law of the Einfuehrungsgesetz zum Buergerlichen Gesetzbuch (EGBGB) of the Federal Republic of Germany ("German PIL") and the Japanese Private International Law ("Japanese PIL") which had been promulgated toward the end of the 19th century., the Old Act was viewed as outdated from the moment of its promulgation. As a result of the drastic change of the environment for international trade of which that has taken took place in parallel with the global information technology revolution on a global basis, the scope of issues to be addressed which should be resolved by the conflict of laws principles has been remarkably expanded, and various new issues of an entirely which are quite new in its type and nature have arisen been raised. In the field of conflict of laws in its narrow sense, a revolution or crisis of the traditional conflict of laws has been brought about by the advent in the United States rise of a the new methodology for of the conflict of laws, of the United States of America and in the process of overcoming the such crisis the conflict of laws of the European continent has undergone substantial changes such as the diversification of the connecting principles, the expansion of the principle of party autonomy and the consideration of the value of the substantive law to protect socio-economically weaker parties of. The Prior Act, which was based on However, with the mechanical connecting principles and contained various outdated the inappropriate provisions, the Old Act could not cope with the issues raised by the internationalization and globalization of the Korean society. Furthermore In addition, the Old Act Prior Act was regarded as insufficient in that it lacked rules on international jurisdiction to adjudicate, or international adjudicatory jurisdiction, whereas the expectation of the public was that the Conflict of Laws a Act should function as the "Basic Law of the International Legal Relationships"encompassing rules on international jurisdiction given the increase of international disputes. Furthermore the private international law has also attracted more attention from the Korean At the beginning of the new Millennium, thanks to the promulgation of the New Act, I believe that Korea has succeeded in achieving the modest goal of reflecting in the its codification substantial parts of the major developments of the private international law which the leading advanced continental European countries had achieved during the last century. The New Act has followed the approach of the traditional conflict of laws of the European continent. It is a product of the efforts to eliminate the then existing problems of the Prior Old Act and to adapt the Korean private international law regime to the standard of international conventions and national laws of advanced countries. Unlike the Prior Old Act which was heavily dependent upon the prior Japanese PIL and the prior German PIL, the New Act has been prepared by taking into full account the Rome Convention, the Swiss PIL, the new German PIL which took effect in 1986 and various conventions adopted by the Hague Conference. Therefore, the New Act has substantially reduced dependence upon the Japanese PIL and the German PIL, and has gained relatively greater universal validity. The fact that the New Act expressly declares that the determination of international jurisdiction is a matter of conflict of laws is a clear sign that it has departed from the German tradition which confines the conflict of laws principles to choice of laws rules, and moved toward a broader and more practical approach widely accepted in the area of conflict of laws. It is hoped, and I am personally confident, that the New Act will be able to achieve its intended objectives in the 21st century as the basic law for the ever-increasing legal relationships with a foreign element.

• Korean Security Journal
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• no.29
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• pp.7-34
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• 2011

Achieving high-level technology in fields such as IT-related industry, semiconductors, mobile phones, LCD, automobile, shipbuilding, etc., Korea has become an international market leader in those fields. In results, there are the increasing numbers of technology leakage attempts in various manners. Recently, technology leakages are not limited to illegal industrial espionage, but also occur during usual corporate proceedings such as technology transfer, joint research and M&A. In fact, there was a technology leakage issue in the M&A between Ssangyong Motors of Korea and Shanghai Motors of China. Current M&A regulations of Korea are not independent laws, but are spread over various laws, such as commercial law, Capital Markets and the Financial Investment Services Act, Foreign Trade Act, etc. This paper focuses on whether the current Korean regulations regarding M&A are able to effectively restrict the leakage of major information of corporate during M&A and seeks the complements.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.495-522
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• 2016

The Mongolia is one of the highly impressive potential developing countries in Asia according to open the economic market. Since early 1990 as the falling apart from Russian union, Mongolia has tried to developing economic status with plentiful stocked natural resources in their country. The Mongolia has been accepting the modernizing their legal systems including national amended law of arbitration 2003 which was based in the 'UNCITRAL Model Law on International Commercial Arbitration 1985' to harmonize with the international arbitration trends. However, UNCITRAL council announced the adapting members countries excluding Mongolia caused by the inappropriate international standard conditions. As the foreign business partners with Mongolian, it is not easy to agree a site in Mongolia for the place of arbitration on their disputes settlement cause by the weak confidence and precarious interruption under the arbitration processing and enforcement of award on the uncertain law of arbitration on their law of arbitration. Recently, the Mongolian government intends to revise their arbitration law to comply to newly UNCITRAL Model Law in 2006 revision for improving the putting confidence and promoting the choosing arbitration on the place of commercial disputes in Mongolia. It is the point to considering in this article to compare to the problems and alternative ways to the legal and practical arbitration services for reliant and confirming arbitration system in Mongolia for the business parties of Korea.

• Journal of Korea Technology Innovation Society
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• v.11 no.1
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• pp.1-22
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• 2008

The Korean government has tried to increase the total national R&D investment and, to streamline acts and regulations concerning national R&D activities. Korea's total R&D expenditure in the field of S&T for the year 2006 amounted to about 27.3 trillion won including government R&D of 8.9trillion won. The Korean government enacted several pieces of legislation concerning S&T: the "Technology Transfer Promotion Act (1999)" ; the "Framework Act on Science and Technology (2000)", and the "Presidential Regulation for Managing the Government R&D Programs (2001)." With these efforts the capacity of Korea S&T has made great strides recently. But for years Korea has run a severe deficit of technology trade. The Korea's balance ratio of technology trade is 0.36 (export/import). It means that Korean industry excessively depends on foreign resource in introducing new technologies. The Korean government has put a lot of effort into promoting the commercialization of technologies developed in universities. The public technology transfer policy of the government has improved the infrastructure of technology transfer and commercialization. However, the government has realized that these policies have not been as effective as they were anticipated. In spite of these various efforts, the technologies obtained from the government R&D Programs have not been transferred to the Korean industry properly. Only 13.6% of technologies developed in universities for the year 2005 were transferred to industry. The academic royalty revenues for the year was 0.15% of their total R&D expenditure It shows only a twentieth of the percentage of royalty revenues for the American universities. The reasons of poor commercialization of academic technologies are intermingled with imperfection of technology transfer system, lack of licensing experience, immaturity of socio-economic circumstance and inadequacy of legal system and government policy. In this study we analyzed the problems of legal system and policy in licensing of government R&D outputs and suggested proper alternatives.

• Journal of the Economic Geographical Society of Korea
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• v.17 no.2
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• pp.231-248
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• 2014

The role of the foreign direct investment is very crucial for the regional economic growth nowadays. The inward FDI in Korea has been increased since the Act of foreigner investment promotion in 1998. The municipal and national government have designated the special industrial zones and supported the diverse incentives for the foreign investment companies. The service sector had a large share of inward FDI. However, manufacturing sector overtook the service sector as the largest FDI in 2009. This study focuses on the greenfield manufacturing FDI, which was established from 1999 to 2012 in Korea. In order to find out the impacts of low-priced industrial electricity and loose environmental regulations on choosing Korea, this paper did in-depth interviews with MOTIE, Korea industrial complex, Korea Trade-Investment Promotion Agency, some FDI companies. Investment incentives such as low price of domestic industrial electricity strongly affect why manufacturing FDI companies choose Korea to invest. The Korean government has also acknowledges that low-price policy can internationally compete to attract FDI. There is a possibility that FDI energy-guzzling industrial companies may choose for Korea to use the low-priced electricity, raising the issue of supply-demand of electricity of Korea in the future.