• Title/Summary/Keyword: Protection Trade

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A Study on the Simplification of Customs Procedures and the Protection Measures for the Importer's Interests through the Utilization of e-D/O (세관의 통관절차 간소화 조치에 따른 수입화물의 불법반출을 예방하기 위한 e-D/O 활용지원 방안)

  • Park, Seung-Lak
    • International Commerce and Information Review
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    • v.6 no.3
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    • pp.203-224
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    • 2004
  • The purpose of this study is to review and analyze the protection measures for the importer's interests through the utilization of electronic delivery order(e-D/O) with the implementation of trade facilitation measures such as the simplification of customs procedures by the Korea Customs Service. The Korea Customs Service has been introducing several custom facilitation measures through the use of EDI system in the export and import processes. Korea has also already achieved a comparable level of sophistication in trade automation and custom simplification field. However, the full benefits of the trade automation and custom simplification measures have not yet achieved through the frequent illegal delivery of the imported goods in the bonded areas. Therefore, it is argued in this study that the introduction and the full utilization of e-D/O would help to reap the trade automation and custom simplification measures in Korea. In conclusion, it is emphasized that it would be very crucial for the Korean government to introduce the trusted repository for distribution of the electronic trade-related documents and the construction of the one stop single window platform for the trade and customs facilitation.

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Study on the Establishment of the Act on the Prevention and Protection of Technology Leakage ('기술유출방지 및 보호지원에 관한 법률'제정에 관한 연구)

  • Noh, Jae-Chul;Ko, Zoon-ki
    • The Journal of the Korea Contents Association
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    • v.17 no.7
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    • pp.487-497
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    • 2017
  • South Korea needs reorganization of dispute resolution system due to the frequent occurrence of a case that trade secret or technique are leaked. First, the distributed various laws are established and enforced by enacting and enforcing individual laws. Therefore, the redundancy problems, the collision of individual laws, the decline in diversity, integrity, and connectivity are issues. An independent legal system is needed by Act on the Prevention and Protection of Technology Leakage. Thereby, The support system of technological protection that is sprayed in government departments such as the Small and Medium Business Administration, the Ministry of Trade, Industry and Energy, the Patent Office, the Fair Trade Commission, the Trade Committee, the National Police Agency, and the Spy Agency integrates and unifies institutionally, and it is necessary to advance a policy with functional division. Second, the Patent Tribunal, the Invention Promotion Act, the Industrial Property Right Dispute Mediation Committee by the patent law, the Industrial Technical Dispute Mediation Committee on the Industrial Technology Outflow Prevention and Protection Law and the Medium and Small Firm Dispute Mediation and Arbitration Committee on Small Business Technology Protection Support Law are installed. However, since it established the integrated law on the Act on the Prevention and Protection of Technology Leakage, it is desirable to set the merged operation of establishment on the Technical Dispute Mediation Committee under the Small and Medium Business Administration or the Ministry of Trade, Industry and Energy.

International Rule for Environment and International Trade (국제환경규범(國際環境規範)과 무역연계(貿易連繫))

  • Shin, Han-Dong
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.12
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    • pp.587-613
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    • 1999
  • Environmental problems such as global climate change, depletion, ocean and air pollution, and resource degradation-compounded by an expanding world population-respect no border and threaten the health, prosperity and jobs of all mankind. Our efforts to promote democracy, free trade, and stability in the world will fall short unless people have a livable environment. We have an enormous stake in the management of the world's resources. By increasing demand for timber, natural gas, coal and consumer's goods have destroyed the grounds for living. Greenhouse gas emissions anywhere in the world have threatened coastal communities, and then changed the Earth's climate system. The burning of coal, oil, and other fossil fuels is increasing substantially the concentration of heat-trapping gasses such as carbon dioxide, methane, and nitrous oxide in our air. The earth's temperature and sea levels are rising as a result. Since 1972 there has been a marked growth in the number and scope of environmental treaties. In particular, after the 1992 Rio Conference, international legal instruments became more concentrated on addressing environment within the context of sustainable development and incorporated a number of new concepts and innovative approaches. A preliminary analysis of recent conventions and in particular those associated with the Rio Conference indicates various ideas, concepts and principles which have come to the fore including sustainable development, equity, common concern of humankind, common but differentiated responsibilities and global partnership. However, international trade also has an environmental impact which must be minimized or countered. Positive measures are to be preferred to achieve environmental goals, but where trade provisions are necessary, they should be appropriately used within environmental conventions to facilitate the reduction and limitation of the negative impacts of trade and to enhance the complementarity of the multilateral trade regime with the imperatives of environmental protection, in the interests of environmental protection and sustainable development generally. The international community has to recognize and endorse this need to achieve complementarity between trade and environment issues.

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Protection of Intellectual Properties Rights in Korean Fashion Industries (한국패션기업의 지적재산권 보호실태에 관한 연구)

  • 김용주
    • Journal of the Korea Fashion and Costume Design Association
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    • v.3 no.2
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    • pp.5-21
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    • 2001
  • The intellectual properties right are becoming very critical issues in domestic fashion industries and also international trade. Although it is true that intellectual properties rights are commonly infringed in fashion industry, none of researches has been done for this matter. The present study is to analyze the patterns of infringement by case analysis, which was limited to trademark and trade dress. As a result, in case of trademarks, counterfeiting was relatively clear case, but it is generally investigated by prosecutes whereas the judgement of similar trademark has been taken by legal lawsuit. In case of industrial design(trade dress) most of disputes were related to textile design and modified Korean tradition dress. Reflecting the short history of protection of intellectual properties rights many informations and legal regulations should be established by te government and by the association of fashion related industry.

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Food safety regulation based on WTO SPS agreement and the required future work (WTO SPS 협정에 기초한 식품안전 규제와 향후 과제)

  • Cho, Seung Yong;Cho, Sanggoo
    • Food Science and Industry
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    • v.51 no.3
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    • pp.196-208
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    • 2018
  • This paper described the contents of the WTO (world trade organization) SPS (world trade organization) Agreement and trends in the WTO SPS provisions such as equivalence, localization, transparency, and risk assessment. The purpose of the WTO SPS agreement is to promote international trade by preventing arbitrary and unreasonable use of SPS measures, which are the rights of a country for the protection of human health and animal and plant health, and by abolishing the non-tariff barriers. To this end, the requirements for implementing the SPS measures taken by the importing country are restricted to those that can scientifically prove to be inevitable for SPS protection. The major provisions in WTO SPS agreement were elaborated to promote international trades. When trade-restricted SPS measures such as prohibition of imports are made, a scientific basis should be provided. Therefore, it is essential to provide scientific evidence based on risk analysis to protect people's health from potentially harmful imported foods.

Study on Proof of Product Liability Act (제조물책임법 입증책임에 관한 연구)

  • Kim, Eun-Bin;Ha, Choong-Lyong
    • Korea Trade Review
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    • v.44 no.6
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    • pp.135-150
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    • 2019
  • Under the Manufacturing Liability Act, consumers want to be protected from manufacturers by mitigating burden of proof as an important target to be protected. However, due to the complexity of the product, it is very difficult for consumers to prove defects from the manufacturing defect. This situation has led to a major revision of the Manufacturing Liability Act, which mitigates the burden of proof of consumers by applying fruitless liability. The Manufacturing Liability Act is comparable to the U.S., which has strong consumer rights and is protected by the Manufacturing Liability Act. The burden of proof can be regarded as the most necessary content for consumers within the manufacturing product liability law when responding to manufacturing defects. The U.S. intends to provide implications for achieving consumer protection in Korea's Manufacturing Liability Act by imitating the U.S. based on the burden of proof. Case comparison regarding burden of proof can be conducted based on various criteria, including criteria for each product and key features for determining the importance of the manufacturing product liability law. The Act on the Responsibility of Korean Manufacturing Products for the Protection of Consumers was developed based on the assessment criteria, and a remedy was proposed to protect consumers who suffered from manufacturing defects.

Determinants of the EU's Antidumping Measure against Korean products (EU의 한국산 제품에 대한 반덤핑 조치에 영향을 미치는 거시경제요인 분석)

  • Hu, Di;Choi, Chang-Hwan
    • International Commerce and Information Review
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    • v.15 no.3
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    • pp.245-262
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    • 2013
  • The transaction size between South Korea and the European Union (EU) had increased by more than two times among 2003 to 2008. With rapid growth of transaction, the EU was becoming important transaction object of South Korea gradually. EU has used the Antidumping policy as a trade protection tool against Korean products due to reduce the deficit of trade balance of payment, boost the economic growth and protect its weak industries. This paper investigates whether there is a connection between the EU's macroeconomic activity and pressures for protection to Korean products under antidumping measures with using the current data that come from the WTO, World Bank for 2004 to 2012. The result suggests that pressures for protection under Antidumping measure against exporting of Korean products to EU have increased during periods of macroeconomic weakness of low GDP growth, larger deficit of trade balance, however, has not significantly affected during periods of high unemployment.

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A Study on the China's revised foreign Trade Law (중국(中國) 대외무역법(對外貿易法)의 개정(改定)에 관한 소고(小考))

  • Jo, Jong-Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.27
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    • pp.215-232
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    • 2005
  • China had revised Foreign Trade Law in order to fulfill its WTO commitments and duties, and fully exercise its rights and benefits as a WTO member. The main contents of the revised Foreign Trade Law as followed. For the first time, individuals are allowed to conduct foreign trade. Intellectual property is an important component of foreign trade, and protecting intellectual property rights is a key issue. A chapter on Intellectual property protection is one of the major additions to the Foreign Trade Law. New sections have also been added to allow and provide guidance for conducting investigations and seeking relief. Finally, the new law beefs up and clarifies enforcement procedures. It regulates the setting up of early warning and emergency systems and a foreign trade statistics system.

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A Study on the Export and Import Public Notification System for Efficiency of Trade Item Management (수출입품목관리 효율화를 위한 수출입공고제도에 관한 연구)

  • Lee, Je-Hong
    • International Commerce and Information Review
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    • v.10 no.2
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    • pp.265-282
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    • 2008
  • This article is a study on the A Study on the Export and Import Public Notification System for Efficiency of Trade Item Management. The purpose of this article shall be studies to the trade control regulation in korea foreign law. this article are two most important elements in strategic item and rule of origin. that is, economic profit and nation industries protect have been obtain trade control system. The trade public notification system achieve efficiency of trade item control and nation industry development and domestic customer protect and trade order for trade system and control scheme. Therefor, The Result of the article is review to protection of domestic.

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Trends in Digital Security Policies and Trade Rules in Major Overseas Countries (디지털 보안에 대한 해외 주요국의 통상 규범 동향)

  • J.E. Kim
    • Electronics and Telecommunications Trends
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    • v.38 no.4
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    • pp.1-11
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    • 2023
  • Trade rules in service and digital sectors mainly focus on reducing regulatory uncertainties by improving transparency and minimizing unnecessary requirements. Recognizing the importance of digital trade rules and trade in information and communication technology (ICT) sectors, governments worldwide have rapidly adopted and expanded rules on free flow of data, personal data protection, electronic authentication, and cybersecurity. On the other hand, advances in technology have led governments to face multiple threats related to cybersecurity, intellectual property (including that related to source code and algorithms), and unauthorized access to proprietary information of their suppliers. This study presents digital trade rules related to digital security emphasizing cybersecurity, source code, and ICT products that use cryptography in different trade agreements. Additionally, it introduces various approaches that major countries are taking to both address digital security issues and seek balance between security enhancement and trade liberalization.