• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.55
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• pp.243-264
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• 2012

This study is aimed to analyze problems related to FTA country of origin of goods verification which is increasing from 2006 and thereby to grope for solution of such problems and seek adequate FTA performance administration. It is found, through comparative analysis and statistics of last 8 FTAs so far Korea has concluded that there are major problems such as excessive verification processing due to complicated country of origin regulation etc. This paper suggests following policies of country of origin administration ; (1) Simplification of FTA country of origin rules (2) reciprocal cooperation between each country's Customs Authorities based on trust (3) rational measurement against corresponding country's Customs Authorities' misbehavior (4) enhancement of transparency in relation to processing rule of country of origin verification (5) securing FTA country of origin verification experts. For these improvements, upcoming FTA shall rule country of origin reasonably, simplification and transparency of rule is needed for established FTAs in relation to FTA performance administration with corresponding countries. Also it is necessary to revise FTA preferential tariff law and its related laws, and carry forward policies in accordance with medium and long term plan.

• International Commerce and Information Review
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• v.13 no.3
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• pp.143-166
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• 2011

This paper describes the characteristics and outline of rules of origin among Korea and USA, EU, ASEAN. The main focus of this paper is to conduct comparative analysis on rules of origin. Rules of origin are used to determine the country of origin of a product for purposes of international trade. There are two common types of rules of origin depending upon application, the preferential and non-preferential rules of origin Non-preferential rules of origin are used to determine the country of origin for certain purposes. The basis for the non-preferential rules originates from the Kyoto convention which states that if a product is wholly obtained or produced completely within one country the product shall be deemed having origin in that country. For a product which has been produced in more than one country, the product shall be determined to have origin in the country where the last substantial transformation took place. To determine exactly what was the last substantial transformation, three general rules are applied : Change of tariff classification(on any level, though 4-digit level is the most common), Value added-rule.(ad-valorem), and Specific process rule. While criteria of wholly obtained or produced in one country is almost similar to those of theses area and countries, in compliance with value percentages of Substantial Transformation, sufficient working or processing, Korea-US FTA adapts 'Regional Value Content', meanwhile Korea-EU FTA adapts 'Import Content' rule. Finally, Korea-US FTA and ASEAN FTA adapt FOB price for the calculation value added, on the other hand Korea-EU FTA adapts EXW price.

• International Commerce and Information Review
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• v.9 no.2
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• pp.351-371
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• 2007

This study article is a study on the rules of origin review and rules of origin judgement. and The purpose of this article shall be studies to korea foreign law and Korea American FTA in origin country regulation. this article are two most important elements in determining market access in a FTA. that is the coverage of tariff elimination and rules of origin. The rule of origin in a FTA greatly influences the creation of economic profit and distribution. Therefor, The Result of the article is review to protection of domestic customers and domestic industries in rules of origin. This study contributes to a understanding of judgement of rules of origin and extend level of generalization of exchange law, WTO, FTA Regulations by review interaction relation.

• International Commerce and Information Review
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• v.12 no.1
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• pp.353-373
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• 2010

This paper researched on countries effect of country-of origin product of the Korea customer. Also This study was analysis to purchase frequency and purchase place for products of the U.S.A, Japan, China, EU, and Chile in Korea market. That is to say, this study is reviewing on country image subject including country of origin. According to WTO rule, The rules of origin should be administered in a consistent, uniform, impartial and reasonable manner. The objective of this article is to explore the relationship between country of origin and consumer effect using empirical analysis. The country of origin was divided into country of design, assembly, and parts. A survey questionnaire was sent to 250 customer in Korea market, and 220 usable responses were obtained. The 213 samples are analyzed with the countries origin effect. Multiple regression results show that the U.S.A and Japan product are positively affected by the purchase effectiveness of Korea customer's. However, The EU, China and Chile products do not affect effectiveness in Korea market. This article contributes to a understanding of effects of country-or-origin. When the nation image has been made, marketing approaches considering both image of country of manufacture origin and motivational focus can be utilized simultaneously.

• International Area Studies Review
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• v.13 no.1
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• pp.391-416
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• 2009

The purpose of this paper is to provide an ideal agreement proposal for the satisfactory settlement of FTA origin criteria negotiations, which will be the most severe issue in both inter-governmental FTA negotiations to begin in the near future. Towards this end, we, the authors, based on our nine FTA related agreements already concluded with other countries, researched the concrete origin criteria in the previous origin agreements, analyzed the characteristics of these agreements, and derived the ideal origin rule. As a result, we came to the conclusion that in consideration of Korea and China's FTA's substantial transformation test, it's better to choose any one criterion from the following. Criterion 1: CTH (Change of Heading) and Criterion 2: Value Added Criteria by 40% within region. In addition, we also did that in calculating the ratio of value added, the calculation method and price criteria should be more simple and standardized. It led to the conclusion that the objective deduction method should be used mainly and that CIF or FOB should be used as the price criterion.

• 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.

• Korea Trade Review
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• v.42 no.6
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• pp.155-176
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• 2017

As an increasing number of the FTA, there have also been increasing interests in FTA utilization. It is critical to understand and implement the rules of origin for FTA utilization appropriately. However, due to the spaghetti bowl effect, the restrictiveness index, which is a measure of the degree of difficulty of meeting Product-Specific Rule(PSR) of origin, gets increased. Furthermore, there is a distortion in the method of calculating the correct restrictiveness index. Therefore, we implemented an enhanced method in a context of fishery product to correctly measure the restrictiveness index of Product Specific Rules (PSR) among the rules of origin.

• International Commerce and Information Review
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• v.10 no.3
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• pp.197-219
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• 2008

The aim of this paper is to review KORUS FTA Rules of Origin. Although there are some differences in terms of structure and contents, KORUS FTA Rules of Origin is not much different from the other FTA's texts that Korea has already concluded. Textile and Apparel chapter is also separately specified. For textile and apparel goods, Korea and the US agreed to adopt 'yam-forward rule', allowing exceptions for certain goods. Both sides also agreed to introduce procedures for permitting to use non-Party's materials when fibers ryarns rfabrics are not available in commercial quantities. Overall evaluation on KORUS FTA is considered to be positive. Economically, KORUS FTA is expected to provide good opportunities for Korean companies to access the US market. Politically, Korea and the US can take advantage of KORUS FTA to reinforce the relationship between the two countries.

• Journal for History of Mathematics
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• v.18 no.1
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• pp.33-48
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• 2005

The Rule of False Position is known as an arithmetical solution of algebraical equations. On the other hand, the Excess-Deficit Rule is an algorithm for calculating about excessive or deficient quantitative relations, which is found in the ancient eastern mathematical books, including the nine chapters on the mathematical arts. It is usually said that the origin of the Rule of False Position is the Excess-Deficit Rule in ancient Chinese mathematics. In relation to these facts, we pose two questions: - As many authors explain, the excess-deficit rule is a solution of simultaneous linear equations？ - Which relation is there between the two rules explicitly？ To answer these Questions, we consider the Rule of Single/Double False Position and research the Excess-Deficit Rule in some ancient mathematical books of Chosun Dynasty that was heavily affected by Chinese mathematics. And we pursue their historical traces in Egypt, Arab and Europe. As a result, we can make sure of the status of the Excess-Deficit Rule differing from the Rectangular Arrays(the solution of simultaneous linear equations) and identify the relation of the two rules: the application of the Excess-Deficit Rule including supposition in ancient Chinese mathematics corresponds to the Rule of Double False Position in western mathematics. In addition, we try to appreciate didactical value of the Rule of False Position which is apt to be considered as a historical by-product.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.21
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• pp.99-127
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• 2003

Legal sources of fraud rule in documentary letter of credit, which have their origin in Sztejn Case can be traced to various rules or laws of international or domestic level ; URCG, URDG and ISP98 as ICC Rules, and UNCITRAL Convention as an international uniform law, and UCC as a domestic law and U.K. cases. Among them the combination of "material fraud" in UCC ${\S}5-109$ and the detailed list of the types of misconduct in UNCITRAL Convention may provide the best solution or standard in real application of the fraud rule in letter of credit transaction.