• Convergence Security Journal
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• v.13 no.5
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• pp.27-35
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• 2013

There has been a adverse balance between Korea and U.S. in defense trade. This paper investigates the current status of the defense trade imbalance in terms of numerical values, and also analyzes the institutionalized barriers to Korea defense exporters imposed by laws and regulations. It is found that the amount of Korea defense import is several tenfold that of the export to U.S. in 2011. The barriers are analyzed to be the american laws and regulations. The buy american act is applied to the U.S government procurements and the Berry amendment is applied to the defense procurements. These two laws has been implemented by the defense federal acquisition regulation which allows U.S. Dept. of Defense to buy only american products. To overcome the barriers, Korea ought to sign a defense MOU with U.S., so that the buy american act and the Berry amendment can be waived.

• Journal of Arbitration Studies
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• v.17 no.2
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• pp.167-187
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• 2007

As Korea has reached a free trade agreement with the United States of America, it is required to provide an appropriate procedure to ".kr" domain name disputes based on the principles established in the Uniform Domain Name Dispute Resolution Policy(UDRP). Currently, Internet address Dispute Resolution Committee(IDRC) established under Article 16 of the Act on Internet Address Resources provides the dispute resolution proceedings to resolve ".kr" domain name disputes. While the IDRC's proceeding is similar to the UDRP administrative proceeding in procedural aspects, the Domain Name Dispute Mediation Policy that is established by the IDRC and that applies to disputes involving ".kr" domain names is very different from the UDRP for generic Top Level Domain (gTLD) in substantial aspects. Under the Korea-U.S. Free Trade Agreement(KORUS FTA), it is expected that either the Domain Name Dispute Mediation Policy to be amended to adopt the UDRP or the IDRC to examine the Domain Name Dispute Mediation Policy in order to harmonize it with the principles established in the UDRP. It is a common practice of cybersquatters to warehouse a number of domain names without any active use of these domain names after their registration. The Domain Name Dispute Mediation Policy provides that the complainant may request to transfer or delete the registration of the disputed domain name if the registrant registered, holds or uses the disputed domain name in bad faith. This provision lifts the complainant's burden of proof to show the respondent's bad faith because the complainant is only required to prove one of the three bad faiths which are registration in bad faith, holding in bad faith, or use in bad faith. The aforementioned resolution procedure is different from the UDRP regime which requires the complainant, in compliance with paragraph 4(b) of the UDRP, to prove that the disputed domain name has been registered in bad faith and is being used in bad faith. Therefore, the complainant carries heavy burden of proof under the UDRP. The IDRC should deny the complaint if the respondent has legitimate rights or interests in the domain names. Under the UDRP, the complainant must show that the respondent has no rights or legitimate interests in the disputed domain name. The UDRP sets out three illustrative circumstances, any one of which if proved by the respondent, shall be evidence of the respondent's rights to or legitimate interests in the domain name. As the Domain Name Dispute Mediation Policy provides only a general provision regarding the respondent's legitimate rights or interests, the respondent can be placed in a very week foundation to be protected under the Policy. It is therefore recommended for the IDRC to adopt the three UDRP circumstances to guide how the respondent can demonstrate his/her legitimate rights or interests in the disputed domain name. In accordance with the KORUS FTA, the Korean Government is required to provide online publication to a reliable and accurate database of contact information concerning domain name registrants. Cybersquatters often provide inaccurate contact information or willfully conceal their identity to avoid objection by trademark owners. It may cause unnecessary and unwarranted delay of the administrative proceedings. The respondent may loss the opportunity to assert his/her rights or legitimate interests in the domain name due to inability to submit the response effectively and timely. The respondent could breach a registration agreement with a registrar which requires the registrant to submit and update accurate contact information. The respondent who is reluctant to disclose his/her contact information on the Internet citing for privacy rights and protection. This is however debatable as the respondent may use the proxy registration service provided by the registrar to protect the respondent's privacy.

• KSCE Journal of Civil and Environmental Engineering Research
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• v.41 no.5
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• pp.591-599
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• 2021

Rail transit agencies in Korea have been struggling to set up a performance-based rail facility maintenance plan because there are no formal definition and decision criteria for aging infrastructure. This study investigates the definition of aging infrastructure through extensive literature review and identifies benchmarking criteria through comparison with rail transit facility management systems in Korea and United States. As results, an aging infrastructure should be defined considering both service age and performance level of a facility. The priority of repair/replacement should be also determined with reasonable criteria based on relationship between service age and performance level. To determine the definition and decision criteria, a practicable classification system for aging rail transit needs to be established in accordance with classification system for performance assessment. Furthermore, a comprehensive database needs to be built including useful life, performance level, and maintenance cost of each component of rail transit. It will allow establishing an efficient budget execution plan for aging infrastructure.

• Korea Trade Review
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• v.43 no.3
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• pp.47-74
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• 2018

The United States is often perceived as a free-trading nation as it significantly contributed to the establishment of the GATT and WTO in the 20th century. With the inauguration of the Trump Administration in 2017, however, trading partners of the United States are faced with great concerns over the 'new' aggressive, protectionist and above all, unilateral trade threats posed by the United States under the name of 'America-First' trade policy. However, the recent unilateral trade actions by the United States are not new, but has historically and continuously been used to protect its key industries, like the automobile sector. This paper analyzes the historical cases of the unilateral trade policy of the United States in the automobile industry, targeting Korea and Japan in the 1980s, 1990s and 2010s. Then, we draw future implications for other key industries of the United States such as IT, intellectual property, services and agricultural sectors. This study evaluates whether such unilateral practices have brought successful and expected outcomes in favor of the United States.

• East Asian Economic Review
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• v.19 no.2
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• pp.117-142
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• 2015

This paper uses a 53-country 15-industry computable general equilibrium model of trade to analyze the effects of the Korea-China free trade agreement on the Korean economy, the manufacturing sector in particular. The model is based on Yaylaci and Shikher (2014) which uses the Eaton-Kortum methodology to explain intra-industry trade. The model predicts that the Korea-China FTA will increase Korea-China manufacturing trade by 56%, manufacturing employment in Korea by 5.7% and China by 0.55%. The model also predicts significant reallocation of employment across industries with the Food industry in Korea losing jobs and other industries there gaining jobs, with the Medical equipment industry gaining the most. There will be some trade diversion from the ASEAN countries, as well as Japan and the United States.

• International Commerce and Information Review
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• v.13 no.4
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• pp.375-397
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• 2011

Having ahead the Korea-US FfA come into effect by beginning of the 2012, the interest to U.S. trade law has been highly increased. The abuse of U.S. antidumping measures, especially, have been alleged by many developed countries, that's why it need to be studied. For initiating antidumping investigation, the scope of "subject merchandise" has to be determinated. But there is no regulation about the term "subject merchandise(or product under consideration)" on WTO Antidumping Agreement as well as U.S. Antidumping Law. U.S. antidumping law defines domestic like product as "a product that is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title". Thus, the reference point from which the like product analysis begins is "the article subject to an investigation". The Department of Commerce should interpret the subject merchandise in accordance with customary rules, beginning with its ordinary meaning. The note of caution is that the DOC generally exercises 'broad discretion to define and clarify the scope of an antidumping investigation in a manner which reflects the intent of the petition. This paper investigates the survey scope of product in U.S. antidumping law through related regulations and cases. In addition, it was carefully examined because the scope of subject merchandise has effect on antidumping duty order.

• Journal of the Korea Institute of Information and Communication Engineering
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• v.14 no.11
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• pp.2491-2496
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• 2010

Smart Phone with domestic demand increasing rapidly, the utilization of multimedia services have become diverse. Smart Phone users use the copyrighted multimedia contents illegally from hacking their Smart Phone with Jail Breaking and Rooting. Legal issues according to the Korea-U.S. FTA. and high relevance with crime as mobile communication terminal, the utilization of created and saved digital evidence is high, the mobile forensic evidence study is required. This paper studied method and notice of legal seizure and search assuming the Smart Phone copyright violation. Research the status of Smart Phone copyright violation and related violation by category as broadcasting, movies, music, e-book etc. Research the method of submit a report to the court by applying techniques to forensic. The results of this research will contribute to the provide of Smart Phone crime evidence and mobile forensic technology.

• Culinary science and hospitality research
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• v.15 no.3
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• pp.112-127
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• 2009

In 2007, due to the outcome of the Korea-U.S. FTA negotiations, the opportunities for American beef greatly increased and a serious change in the domestic dining market is expected. The market currently faces issues such as the settlement of the beef origin declaration policy and the fulfillment of customer needs on domestic and imported beef. The following are the summary of the results of the aforementioned research and analysis. First, the consumer awareness level of origin declarations was comparatively low. Second, the reason behind the propensity for imported beef was the comparatively cheaper price despite the lower taste quality, and it was determined that there is a high level of distrust on domestic beef sold in general restaurants. Third, domestic beef showed a high valuation in taste, safety and freshness, while imported beef showed results which were below average. Concluding from the above research results, a dining environment should be created where consumers can trust what they eat through settlement of an origin declaration policy, and more efforts should be put into fulfilling consumer needs for both domestic and imported beef.

• Proceedings of the Korean Institute of Information and Commucation Sciences Conference
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• 2014.05a
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• pp.715-718
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• 2014

Our country should continuously make efforts to secure the international competitiveness of the current domestic agriculture in a variety of industries converged with agriculture in order to get over the disaster due to global warming, cope with imported produces caused by FTA and scientific implementation technology provided by advanced countries like USA and European Union in spite of domestic agriculture advancement. Also, as domestic ICT technology is a world-class level, it is essential to make strategies of creating a high value such as the increase of productivity, efficiency and quality throughout the whole phase of production, circulation and consumption with the convergence of the existing agriculture technology and IT core technology including information management and automatic control. Therefore, this paper suggests standardization items which lead global standard and implementation direction on standardization through analysing the current situation of agriculture-ICT convergence in our country and technology/standardization trend.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.38
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• pp.181-226
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• 2008

The purpose of this paper is to describe the settling procedures of the investor-state disputes in the FTA Investment Chapter, and to research on the international arbitration system for the settlement of the investor-state disputes under the ICSID Convention and UNCITRAL Arbitration Rules. The UNCTAD reports that the cumulative number of arbitration cases for the investor-state dispute settlement is 290 cases by March 2008. 182 cases of them have been brought before the ICSID, and 80 cases of them have been submitted under the UNCITRAL Arbitration Rules. The ICSID reports that the cumulative 263 cases of investor-state dispute settlement have been brought before the ICSID by March 2008. 136 cases of them have been concluded, but 127 cases of them have been pending up to now. The Chapter 11 Section B of the Korea-U.S. FTA provides for the Investor_State Dispute Settlement. Under the provisions of Section B, the claimant may submit to arbitration a claim that the respondent has breached and obligation under Section A, an investment authorization or an investment agreement and that the claimant has incurred loss or damage by reason of that breach. Provided that six months have elapsed since the events giving rise to the claim, a claimant may submit a claim referred to under the ICSID Convention and the ICSID Rules of Procedure for Arbitration Proceedings; under the ICSID Additional Facility Rules; or under the UNCITRAL Arbitration Rules. The ICSID Convention provides for the jurisdiction of the ICSID(Chapter 2), arbitration(Chapter 3), and replacement and disqualification of arbitrators(Chapter 5) as follows. The jurisdiction of the ICSID shall extend to any legal dispute arising directly out of an investment, between a Contracting State and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the ICSID. Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary General who shall send a copy of the request to the other party. The tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree. The tribunal shall be the judge of its own competence. The tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. Any arbitration proceeding shall be conducted in accordance with the provisions of the Convention Section 3 and in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. The award of the tribunal shall be in writing and shall be signed by members of the tribunal who voted for it. The award shall deal with every question submitted to the tribunal, and shall state the reason upon which it is based. Either party may request annulment of the award by an application in writing addressed to the Secretary General on one or more of the grounds under Article 52 of the ICSID Convention. The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each Contracting State shall recognize an award rendered pursuant to this convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. In conclusion, there may be some issues on the international arbitration for the settlement of the investor-state disputes: for example, abuse of litigation, lack of an appeals process, and problem of transparency. Therefore, there have been active discussions to address such issues by the ICSID and UNCITRAL up to now.