• 제목/요약/키워드: Model Law on Trade in Services

검색결과 12건 처리시간 0.021초

서비스무역 거버넌스 분석과 리모델링 전략 (Remodeling Strategies for Governance of Trade in Services in Korea)

  • 박문서
    • 통상정보연구
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    • 제11권2호
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    • pp.173-201
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    • 2009
  • As a result of overemphasizing the goods sector in trade structure, Korea does not meet properly the global trend which has the key role of 'trade in services' as the service economy have been expanded. Hereafter, it is easily forecasted that trade in services will be one of the main factors for Korea's competitiveness and engine of growth. Nevertheless, because Korea does not equip the concreteness of governance for trade in services, it is possible that the efficiency deterioration of trade volume, confusion of Korea's trade policy, conflict among trading countries, and discordance between the interested parties may be occurred. This paper analyzes the governance system of Korea for trade in services in order to enhance the competitiveness reflecting the importance of trade in services and to draw some strategies for remodeling the service governance system. It is expected to raise the efficiency of Korea's trade policy by constructing the systematic governance for trade in services, and to remove lots of latent risks during global transactions by improving the imbalance between manufacturing and service part for the development of trade in services in Korea. Analysis revealed itself the result that Korea is weak enough to can not identify the governance system about trade in services. Except 'Extent of Services' article of the Foreign Trade Act, Korea has not prepared the governance system for trade in services so that governance system have been scattered overly or decentralized. Problems about trade in services are not limited to enterprise's side, but extended to all the players including government agency whole, academic world and research institute. Therefore, the governance of trade in services should be strengthened and systematized by making the model law for trade in services(provisional name : Master Law for Trade in Services or Promotion Law for Trade in Services) by formatting type of fundamental law or separate legislation. If the bill legislation does not meet the conditions, the Foreign Trade Act should be totally reformed to Omnibus Trade Act concept including trade in services.

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서비스무역 커리큘럼 개발에 관한 연구 (A Study on the Curriculum Development for the Trade in Services)

  • 박광서
    • 무역상무연구
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    • 제69권
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    • pp.741-762
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    • 2016
  • The importance of trade in services has been increasing day by day, but the research on it is insufficient so far in terms of basic information, statistics, influence, industrialization and so on. To foster of professional trader in services, we need curriculums, textbooks and training centers like academy or college in advance. We have well developed curriculums for trade in goods since 1960's in Korea, so we can transfer the trade in goods' curriculum to trade in services. There are some differences between trade in goods and trade in services basically, but we can borrow a lot of idea from trade in goods in terms of basic framework like international economics, international business and international commercial transactions. This study propose the basic framework for trade in services' curriculum. First, trade in services economics handle the basic concept, statistics, characteristics, theories etc. Second, trade in services business treat the global companies to expand their business to global market, so characteristics of service companies, marketing plan and strategies and so on. Third, international commercial transaction of trade in services concentrate for procedures and contracts in terms of formation, implementation and finish of contract. Finally, Services industries can be a future strategic industry to any contries, so there are some national and corporates' strategy for expanding their business. This study acts on the initial idea for curriculums of trade in services, so I am looking forward to many criticism and development from another researchers to develop the model curriculums and textbook for education of specialized trader in services.

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A Comparative Study on the Export Potential of the Digital Service Trade between China and Korea: Based on RCEP Country Data

  • Wen-Si Cheng
    • Journal of Korea Trade
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    • 제27권2호
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    • pp.61-76
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    • 2023
  • Purpose - The digital service trade has become an important driver of the global service trade. The main purpose of this study is to explore the influencing factors of digital service exports from China and Korea to RCEP sample countries respectively, and to comprehensively study the export potential of China and Korea to RCEP countries, so as to provide theoretical guidance and a decision-making reference to promote digital service trade exports and digital economy development in China and Korea. Design/methodology - First, the stochastic frontier gravity model was improved by introducing nonefficiency factors affecting digital services trade, extending the gravity model of traditional services trade exports to digital services trade exports. Secondly, the panel data of China and Korea for the eight sample countries of RCEP from 2011 to 2021 were adopted for the empirical analysis of digital service export potential by a stochastic frontier model. Findings - China's economic growth plays a role in increasing China's digital service trade exports, while Korea's economic growth does not play a significant role in increasing Korea's digital service trade exports. However, the economic growth of trading partner countries can play a significant role in boosting the digital service trade in both China and Korea, and comparison shows that Korea has higher resilience in the digital services trade than China. In addition, the market size of target countries plays a positive role in promoting the digital service trade exports of both China and Korea, and the increase in the value-added share of services in target countries will lead to a decrease in the digital service trade exports of both China and Korea. Originality/value - This study is innovative in terms of research perspective and method. Academic research on the export potential of international trade has been extensive, but most studies are based on the perspective of the goods trade, fewer studies are based on the perspective of the service trade, and there are almost no studies based on the perspective of digital service trade. There is a gap based on the comparative analysis of the export potential of the digital service trade between China and Korea. This study extends the gravitational model of traditional service trade exports to digital service trade exports to comparatively analyze the export potential of China and Korea to RCEP countries. This study addresses this limitation by analyzing a comparative analysis of the digital service trade export potential of China and Korea.

전자무역 플랫폼의 기본요건과 운영방안에 관한 연구 (A Study on the Basic Requirements and Operation Plan of E-trade Platform)

  • 이상진
    • 통상정보연구
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    • 제6권2호
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    • pp.107-127
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    • 2004
  • The rapid development of internet information technology has increased interest in e-Trade these days, but it is not activated greatly up to now. In order to promote e-Trade, it is essential to construct cooperative process such as connecting systems among trade related parties. Building e-Trade platform which is based on the infrastructure of the past trade automatic system is key point of promoting e-Trade. To do this, a study on the basic concept and specific components of e-Trade platform is needed absolutely. At this point of view, after this paper has examined domestic and foreign studies on the fundamental technologies about electronic commerce, it drew several key technologies that could be applied to e-Trade considering the current IT trend. Then it evaluates these technologies according to Technology Reference Model(TRM) of the National Computerization Agency. This will help us to show the operation strategy as well as the concept of future e-Trade platform and its composition. On the basis of the theoretical background, this paper classified NCA's technology model into 6 fields, which are application. data, platform, communication, security and management. Considering the key technologies, e-Trade platform has to be mutually connected and accept international standards such as XML. In the aspect of business side, trade relative agencies' business process as well as trading company's process has to be considered. Therefore, e-Trade platform can be classified into 3 parts which are service, infrastructure and connection. Infrastructure part is compared of circulating and managing system of electronic document, interface and service framework. Connecting service (application service) and additional service (application service) consist of service part. Connecting part is a linking mutual parts and can be divided into B2B service and B20 service. The organization operating this e-trade platform must have few responsibilities and requirements. It needs to positively accept existing infrastructure of trade automatic system and improving the system to complete e-trade platform. It also have to continuously develop new services and possess ability to operate the system for providing proper services to demanders. As a result, private sector that can play a role as TTP(Third Trust Party) is adequate for operating the system. In this case, revising law is necessary to support the responsibility and requirement of private sector.

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한국과 몽골의 무역과 상사중재제도에 관한 비교연구 (A Comparative Study on the International Trade and Commercial Arbitration between Korea and Mongolia)

  • 유병욱
    • 무역상무연구
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    • 제69권
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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.

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기업간 전자상거래로의 시장환경 변화와 기업의 활로 모색 (The Change of Market Environment toward B-to-B E-Commerce and Groping Ways out of the Difficulties of Companies)

  • 최원익
    • 한국전자거래학회지
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    • 제6권3호
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    • pp.81-99
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    • 2001
  • The world is now meeting the era of e-commerce by development of information technology and the fast increase of use of internet. So, Korean government prepared "the colligation plan for electronic commerce activating" and WTO decides to prolong no custom on e-commerce till November 2001 when the fourth WTO Ministerial Conference holds a meeting. OECD discussed the construction of intellectual property rights of the global dimension at the Global Forum on January 2001 and reached to research the social influence of B-to-B e-commerce and to pursue the acceleration of e-commerce. UNCITRAL(United Nations Commission on International Trade Law) enacted UNCITRAL Model Law on Electronic Commerce in order to activate e-commerce, and Bolero.net serves electronic Bill of Lading to facilitate cyber trading. The purpose of this paper is to present the direction of confrontation to the these internal and external changes of business environment to Korean enterprises. Off-line enterprises should move fast to e-commerce on the condition that the existing trading at the original markets runs parallel with e-commerce. n needed, off-line enterprises should consider M&A with existing on-line firms. Also, off-line firms make use of Bolero system so that they can carry through paperless trade which means the achievement of efficiency in trading, On-line enterprises should advertise in the form of banner by combination of push and pull styles. B-to-B e-commerce firms should not depend on only the commissions, but they should create characteristic earnings by their peculiar services.

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동북아 e-Trade 활성화를 위한 e-ADR에 의한 분쟁해결에 관한 연구 (Dispute Resolution by e-ADR for e- Trade in the Northeast Asia)

  • 최석범;박종석;정재우
    • 한국중재학회지:중재연구
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    • 제12권2호
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    • pp.185-220
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    • 2003
  • Korean Government is increasingly focusing on the Northeast Asia Business and Logistics Hub strategy to create a competitive advantage. A key element of this strategy is creating or leveraging distribution and logistics hubs that act as centres for distribution in Northeast Asia. A Northeast Asian e-Hub Policy is required for business hub and logistics hub in the Northeastern Asia. An e-Hub is an integrated, sophisticated set of e-Biz, information and e-trade facilities and services that provides access to a marketplace and exchangee the e-trade data. To study the e-Hub policy, Pan Asian e-Commerce Alliance, Korea-Japan e-Trade Hub project, and ASEM e-Trade project are considered. E-trade via cyberspace may need new methods of dispute resolution to reduce transaction costs for small value-related disputes and to erect structures that work well across national boundaries. Voluntary Mediation Councils and cyber tribunals should be encouraged by governmental sectors to continue developing private sector mechanisms to resolve e-trade disputes. Government-sponsored online cross-border dispute resolution systems may be also be useful to complement these private sector approaches. E-trade in Northeast Asia results in disputes owing to the incompleteness of e-trade law in the countries. These disputes contain disputes regarding e-trade model, central title registry, authentication body. To resolve these disputes in the Northeast Asia, a variety of electronic alternative dispute resolution bodies must be organized under cooperation of Korea, Japan, China. This study deals with the e-ADR construction in the Northeast Asia to resolve the disputes in the e-trade and to activate the e-trade in the Northeast Asia.

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중앙아시아에서 무역과 투자분쟁해결을 위한 중재제도에 관한 고찰 (A Study on Arbitration for Dispute Resolutions of the Commercial Transaction and the Investment in Central Asia)

  • 유병욱
    • 무역상무연구
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    • 제68권
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    • pp.123-148
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    • 2015
  • Central Asian Countries had been independent in 1991 from USSR. Since then it have been increasing foreign trade and investment amount with outside countries including China, Japan, EU and South Korea. Korean enterprises and entities have endeavored to secure plentiful natural resources, oil and gas energy and expand the market share to exporting the consuming and industrial competitive goods and services for those countries. In the case of disputes of commercial transactions and investment, arbitration is regarded as a dispute resolution system which has been preferred in international transactions and investments by the business world. Since the collapse of the USSR, Central Asian Countries have worked to modernize its arbitration law and procedure to conform with international standard rules. Arbitral legislation in Central Asian countries is based on the Model Law as adopted in 1985. However, CIS's legislation systems of arbitration are not satisfied with the international standard in national laws and practices. That is the reason to consider for the specific parliament about arbitration for the dispute resolutions in the commercial transaction and investment between Korean enterprises and CIS. In this article, it is discuss problems and its alternatives in the dispute resolution about the commercial transaction and investment into Central Asian countries including the tendency to the increasing the trade volumes of goods and investment between South Korea and CIS. According to this article, South Korea consider the long term strategy followed the preferred economic relative partnership for business success on commercial transaction and investment with the Central Asian Countries.

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전자상거래(電子商去來)를 둘러싼 제문제(諸問題)에 관한 연구(硏究) (A Study on the Several Issues of Electronic Commerce)

  • 박남규
    • 무역상무연구
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    • 제12권
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    • pp.7-37
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    • 1999
  • Electronic Commerce is the new type of business transaction, which sells and advertises the products and services by using the Internet, which is used by more than 500,000,000 people in the worldwide and is spread rapidly to the world. There are no limitations in cyberspace, for example, time, space, and country boundary because every business can be processed in this cyberspace. The use of modern means of communication such as electronic mail and electronic data interchange for the conduct of international trade transactions has been increasing rapidly and is expected to develop further as technical supports such as information highways and the Internet become more widely accessible. However, the communication of legally significant information in the form of paperless messages may be hindered by legal obstacles to the use of such messages, or by uncertainty as to their legal effect or validity. This obstacles pose many difficulties for conducting EC through Internet. The purpose of this thesis is to suggest several issues to be taken into consideration in conducting EC in near future. For this purpose, the article will first take up subjects of what is the present state of EC, what are the legal issues emerging therefrom.

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핀테크 활성화를 위한 규제 샌드박스의 도입 방안 연구 (Legal Research on FinTech Regulatory Sandbox Fostering Financial Innovations in Korea)

  • 고영미
    • 법제연구
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    • 제53호
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    • pp.213-267
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    • 2017
  • 핀테크 장벽 중 가장 두터운 것은 규제적 장벽인데, 이는 많은 기술 혁신가들이 줄곧 경험해 온 문제이다. 비록 기술적 솔루션들이 보다 저렴하고 안전한 금융서비스를 약속하지만, 핀테크 산업 내에서의 혁신을 가능하도록 하는 규제를 창설하는 것이 큰 과제이다. 특히, 핀테크 관련 사업자는 어느 특정한 규제보다는 관련 규제를 둘러싼 모호함과 혼란을 더큰 쟁점으로 받아들일 수 있다. 다수의 핀테크 모델들이 금융서비스 공급을 위해 새롭고 혁신적인 방식들을 지속적으로 도입하고 있기 때문에, 기존의 규제 및 법원칙을 적용함에 있어 상당한 혼란이 야기될 수 있으며, 또한, 대규모의 금융회사에 적용되는 복잡한 규제적 준법 모델들을 소규모의 신생 기업들(start-ups)에 적용시키는 것이 적정한지 여부도 문제이다. 이는 다수의 기존 규제와 원칙이 모바일 장치, 전자상거래, 인터넷 등을 고려하지 않고 수립 도입되었기 때문이기도 하다. 이에 핀테크 사업의 성장을 위해 규제 정보에 신속하고 저비용으로 접근할 수 있는 방안이 반드시 마련되어야 한다. 이러한 문제들에 대한 적절한 해답을 찾기위하여, 규제 기관, 기술 개발자, 그리고 금융소비자들의 상호 협력해야만한다. 다수의 금융당국들이 서비스 공급자들에게는 그들의 혁신을 테스트해볼 수 있는 기회를 제공하고 동시에 규제기관에게는 상품의 리스크를 파악할 수 있는 시간을 제공하는 규제 샌드박스(Regulatory Sandbox) 제도를도입하고 있다. 그러나, 자체적인 한계를 가진 규제 샌드박스의 도입만으로는 핀테크 혁신을 실질적으로 이루어지기에 충분한 환경을 창설하여주지는 못한다. 따라서 금융당국은 샌드박스에만 의존하기 보다는 핀테크생태계의 지원을 위하여 보다 포괄적이고 다면적인 노력을 하여야 한다.