• Journal of Arbitration Studies
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• 제23권1호
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• pp.25-53
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• 2013

With the Korea-China FTA negotiations currently on the line, the importance of research into the FTA dispute settlement system has been increasing. In this paper, a comparison of Korea and China's FTA dispute settlement agreements concluded with ASEAN is contemplated, and implications for the future of the Korea-China FTA have been suggested. The FTA dispute settlement agreements with ASEAN concluded by both Korea and China provide perspectives on both sides. This agreement with ASEAN also provides a standard for the potential Korea-China FTA agreement. Specifically, the basis of these agreements with ASEAN is the same, although there are clear distinctions, described in a more detailed manner. A problem arises when there has been no discussion on dispute settlement agreements in Korea, especially of the agreement with ASEAN, whereas the opposite is true of the China counterpart. In this paper, Chinese academic FTA dispute settlement agreement studies have been also examined.

• Journal of Distribution Science
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• 제14권1호
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• pp.39-49
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• 2016

Purpose - Considering industrialization development stages, an economic effect of ASEAN free trade agreement (FTA) on foreign direct investment (FDI) flows into the ASEAN countries was analyzed. Research design, data, and methodology - utilizing macro-level panel data from 2001 to 2012, panel regression analysis was conducted with a model constructed based on the knowledge-capital model. Results - As for overall ASEAN countries, ASEAN FTA was positively effective to attract vertical FDI to this region, while horizontal FDI was dominant before ASEAN FTA. Meanwhile, for the diversified economy relevant to Singapore, ASEAN FTA was not effective to attract FDI. For the ongoing industrialization economy relevant to Thailand, Malaysia, and the Philippines, ASEAN FTA was negatively effective to attract FDI; ASEAN FTA became a strong incentive to replace foreign investments with trade transactions for the horizontal firms, but an influence of market potentials after ASEAN FTA, which induces to third-country effects such as export platform FDI, has increased. For the incipient industrialization economy relevant to Indonesia, Vietnam, and Cambodia, ASEAN FTA was positively effective to attract vertical FDI. Conclusions - The effectiveness of FTA on FDI inflows varied considerably by the industrialization development stages of host countries.

• Korea Trade Review
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• 제43권3호
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• pp.199-218
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• 2018

The force majeure in the international sale of goods has been widely used regarding liability and settlement of disputes in the event of breach of contract due to circumstances beyond the control of the parties. The purpose of this study is to examine the judgment criteria and cases concerning on force majeure in the application of FTA preferential tariffs. In order to achieve this purpose, this paper uses a literature review and case analysis on exceptional circumstances under the Korea·ASEAN FTA and the Korea·EU FTA. This study, this paper provides several implications for companies seeking preferential tariffs regarding the Korea·ASEAN FTA and the Korea·EU FTA. Korean companies are subject to the following: confirm the denial article of FTA preferential tariffs stipulated in the Korea·ASEAN FTA and the Korea·EU FTA, consider the judgment criteria on exceptional circumstances of customs authorities, confirm the extension criteria on the validity period of certificate of origin, confirm the reply criteria of verification result of the customs authorities of the exporting country, and confirm the violation of the principle of good faith for unrequested action on reply of verification result of customs authorities.

• Journal of Korea Port Economic Association
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• 제29권3호
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• pp.95-111
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• 2013

The purpose of this study is to draw out the trade effect of the Korea ASEAN FTA by carrying out a panel analysis. For achieving such a purpose, Panel Unit Root, Panel Cointegration Test, Pooled OLS, Hausman Test, Fixed Effect, Random effect are performed. The last 15 years's data over the period of 1997 to 2011 concentrated on the ASEAN countries such as Indonesia, Malaysia, Philippine, Singapore, Thai, Vietnam is used in this study. Major implications are summarized as following. First, our government need to maximize the effect derived from conclusion of FTA(Free Trade Agreement) in order to enhance the competitive edge through obtaining a stable foreign market. Second, it necessary for our government to improve a national system by orienting a FTA conclusion complying with WTO's product and service-related regulation.

• Korea Trade Review
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• 제43권1호
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• pp.153-176
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• 2018

Since entering into force on June 1st, 2007, the Korea·ASEAN FTA has had great strategic importance as it represents a massive export market for Korea. For more than 10 years since its implementation, the trade in both goods and services have greatly increased, and ASEAN has become the second largest export market for Korea. However, Korea's FTA utilization rate for exports is approximately 46%, which is far lower than the average rate of 72% for all FTAs, despite several revisions. In this study, we investigate the problems causing this low rate of FTA utilization for export by analyzing import clearance disputes faced by the counterpart. Our recommended countermeasures for such disputes are : Since form requirements for C/O (certificate of origin) are important considerations for ASEAN countries, C/O needs to be written accurately. Understanding of the administrative system and regulative procedures of ASEAN countries is also necessary. Accurate HS code of importing countries must be obtained. Korean government authorities should make diplomatic effort to ease the import clearance procedures in counterpart countries and contact customs offices to facilitate communication.

• Korea Trade Review
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• 제41권1호
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• pp.139-158
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• 2016

In this study, we analyze South Korea and China have already concluded FTA rules of origin. By comparison and analysis of the relevant provisions in the country of origin of signed FTA, we obtained the necessary implications of origin on the FTA negotiations that will be concluded in the future. FTA between Korea and China's opening level is much lower than the already concluded FTA's, and Korea and the ASEAN FTA has already been signed with similar concessions. However, in understanding the rules of origin in China, it is important for us that China is the first trading partner of the trade. Korean companies are well aware of the rules of origin in China, and it should be noted to prevent damage caused due to the rules of origin in the process of expanding trade with the Contracting Parties.

• The Southeast Asian review
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• 제24권2호
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• pp.1-33
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• 2014

아세안은 한중일과의 무역을 통한 경제적 연계의 심화현상과 최근 글로벌 위기로 인한 경기침체를 고려하여 새로운 경제성장추진을 위해 동북아의 한중일 삼국과의 무역자유화를 적극 추진하고 있다. 이미 ASEAN-중국, ASEAN-일본, ASEAN-한국 양자간 자유무역협정(FTA)이 발효되어 실행되고 있으며, 이들 3개 양자협정을 아우르는 A+3FTA(ASEAN+중국+일본+한국) 논의도 진행중이다. 이에 본 연구는 이들 4개 자유무역협정의 경제적 효과를 분석하여 과연 A+3FTA가 아세안은 물론 동아시아 역내에서 보다 바람직한 통상정책인지를 평가한다. 본 논문의 정성적 평가는 기존의 경제통합의 경제적 효과를 결정하는 이론에 근거하여 참여국의 제반 경제적 현황(경제규모, 소득수준, 경제개발수준, 거래비용, 무역 및 산업구조, 관세율 등)을 통계적으로 비교 분석한다. 한편 정량적 평가는 무역의 경제적 파급효과 분석에 널리 이용되고 있는 연산가능한 일반균형모형(CGE)분석방법을 적용한다. 정태적 효과의 분석을 위해서 GTAP 모형을 이용하며, 이와 더불어 동태적으로 투자를 통한 자본축적을 반영하는 자본축적 CGE 모형분석을 병행한다. 분석결과 후생 및 생산확대 측면에서 아세안의 경우 일본과의 양자간 FTA가 한국이나 중국과의 FTA에 비해 보다 긍정적인 후생증진을 가져올 것으로 기대되며, 아세안과 한중일 모두에게 A+3FTA가 동아시아 역내에서 보다 바람직한 자유무역협정이 될 것으로 평가된다.

• East Asian Economic Review
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• 제18권3호
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• pp.215-251
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• 2014

This study explores the main causes that have led Japan to conclude an FTA with ASEAN. This paper appraises Japan-ASEAN relations and shows that closer relations between Japan and ASEAN have provided momentum for the launch of Japan's FTAs with ASEAN. Consequently, this paper explores the origins and progress of Japan-ASEAN FTA, as well as the strategies and initiatives embraced by Japan in its FTA negotiations with ASEAN. By examining the domestic, regional, and global factors that led to the launch of the Japan-ASEAN FTA, this paper concludes that the strategies adopted were primarily aimed at its main rival, China. The rivalry has resulted in both positive and negative consequences for East Asian Regional economic environment. The negative consequences include the creation of a "spaghetti bowl", which increases costs for Japanese firms operating abroad, and "slows down the progress of the creation of an effective single regional institution".

• Journal of Arbitration Studies
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• 제30권4호
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• pp.95-119
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• 2020

Securing a stable supply chain is becoming a significant concern among countries as the global uncertainty rises with the expansion of global protectionism and the result of what the COVID-19 pandemic has brought around the world. This study has investigated dispute cases between customs authority and trade corporations based on the KOREA-ASEAN FTA and suggested the following implications and improvements: Firstly, the extent (varieties) of the proof document on cumulation and its form should be stipulated and provided through consultation between customs from each contracting party. Secondly, it ought to be prescribed as an obligation so that producers located in the third country can cooperate in providing documents for certification of origin. The duty to provide such documentary evidence should also be specified when making EX-IM contracts. Lastly, origin verification provisions regarding cases to which cumulation is applied have to be complemented so that the verification period's extension can be applied and approved. One can expect that the abovementioned responses on cumulation will enhance the availability of KOREA-ASEAN FTA.

• International Commerce and Information Review
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• 제14권4호
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• pp.459-490
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• 2012

The performance of FTA has a close relationship with the application of FTA by exporting companies. However, most existing literatures focus on the study of policies and economic results of FTA. Moreover, these researches based on a presupposition that exporting companies could make good use of FTA. Actually, these assumptions are clearly contrary to the reality of FTA application of exporting companies in Korea and the results are significantly differ from the performance of FTA. Based on the investigation of utilization of FTA, applied by export companies in Korea, this study tries to find out the most efficient strategies of the application of FTA. And the objective of this study is to propose some practical suggestions for export companies based on the case an alysis which will help them to improve performances of Korea-ASEAN FTA application. As the prior investigation of CEO's characters, application of FTA, and the implement of FTA, we got the fact that among lots of marketing strategies, Korea-ASEAN FTA is used extensively by large export companies. However, most of small and medium-sized export enterprises would like to choose conventional tariff, such as Lower tariffs and zero tariff as the main marketing strategies. In other words, because of lacking of human resources and infrastructure, the application of Korea-ASEAN FTA strategy is hard to achieve.