• Title/Summary/Keyword: Rules of origin

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An Empirical Research on the COO Performance effect from the Brand equity and COO Capacity (브랜드 가치와 원산지 역량이 원산지 제도 성과에 미치는 영향에 대한 실증적 연구)

  • Kwon, Seung Ha;Hyun, Hwa Jung
    • International Commerce and Information Review
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    • v.18 no.1
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    • pp.131-150
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    • 2016
  • Recently, as most companies are getting globalized, global sourcing of raw materials are also provided actively. Since each country has different, strict and complex rules-of-origins, importance of COO(country-of-origin) is increasing more and more. This study was surveyed with 127 manufacturing companies in South Korea. The purpose of this study is to verify the effect relationship how brand equity and COO capacity impact on the COO performance. The research hypothesis and model was derived from the basis of existing theory and empirical research, and obtained the following results. Firstly, brand equity of the COO showed positive (+) effect on the COO information capacity and product brand equity showed positive (+) effect on the COO management capacity. Secondly, the COO information capacity showed positive (+) effect on the COO management capacity. Lastly, product brand equity and the COO information capacity showed positive (+) effect on the COO performance. This study is differentiated from previous research information by empirically evaluating the relationship between the brand equity and the COO. This study contributed to academic by examining the research on the COO management in South Korea and also practically suggested the direction how manufacturing company in South Korea is to take the advantage of the brand equity and the COO capacity.

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A Study of Med-Arb in the United States (미국의 조정-중재(Med-Arb) 제도에 관한 연구)

  • Chung, Yong-Kyun
    • Journal of Arbitration Studies
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    • v.24 no.1
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    • pp.85-109
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    • 2014
  • Mediation and Arbitration are two distinct ADR processes. Their dissimilarity lies in the principle that in mediation the parties themselves decide what the resolution to the problem is, whereas in arbitration the arbitrator makes that determination. Med-Arb, hybrid of the two methods, is a fairly new ADR process dating back to the 1970s. Med-Arb capitalizes on the advantages of both mediation and arbitration, while eliminating many of their disadvantages. Mediation has the advantage of allowing for resolutions rather than decisions. Arbitration has the advantage of guaranteeing that the matter will be resolved when the procedure is over. In Med-Arb, the participants agree to be parties to mediation, and if the mediation comes to an impasse, a final settlement will be reached through arbitration. This study first explicates the origin and the development of Med-Arb in the United States. This study shows that the emergence of Med-Arb is benefited from the fact that arbitration has lost its own advantages ie, speed, cost-saving, and maintenance of an ongoing relationship between the disputants. Second, this study analyzes four cases in which Med-Arb is applied to various kinds of disputes as a tool of dispute resolution: labor disputes, entertainment disputes, will disputes, and international commercial disputes, consecutively. All those case studies show the generality of Med-Arb as a dispute resolution channel. Third, this study compares the advantages and disadvantages of Med-Arb. Finally, this study discusses the implications of Med-Arb. In particular it provides the universality of this hybrid form of dispute resolution in the East and West. For example, we show that China has its own distinctive Med-Arb system, where it has developed from ancient Confucian philosophy. Japan also emphasizes the role of an arbitrator who settles the disputes in the course of arbitration. The domestic arbitration rules of the Korean Commercial Arbitration Board (KCAB) have a similar process in that arbitration contains an element of conciliation. With regard to the universal characteristics of Med-Arb, it is necessary to analyze the pros and cons of Med-Arb at a deeper level in the future. One caveat is that it is necessary to handle the issues of the neutrality of the mediator-arbitrator.

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A philologicalStudyonHuangdizhaijing(黃帝宅經) (황제택경(黃帝宅經)의 문헌적 연구)

  • Chang, Sung-Kyu
    • Journal of architectural history
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    • v.18 no.6
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    • pp.65-84
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    • 2009
  • This study was to analyze the philological character of Huangdizhaijing(黃帝宅經). Huangdizhaijing is a first stage scriptures of YangzhaiFengshui(陽宅風水) which is the firstly mentioned book in Sikuquanshu(四庫全書). Huangdizhaijing is an obligatory book to read to understand the palace of ancient dynasty as well as general housing of people. Huangdizhaijing measured housing conditions divided into Yangzhai(陽宅) and Yinzhai(陰宅). The contents succeeded traditional Yangzhaiguan(陽宅觀) which values direction(方向) and Jiri(吉日). Thatis, classifying Yangzhai into 24 directions based on Qi of YinYang(陰陽之氣) theory, general contents of Huangdizhaijing explains regulatory rules and propitious day in accordance with the Yangzhai mathematical principles and archaeology through Jixiongshenshalun(吉凶神煞論). Huangdizhaijing includes the kernel of understanding the chinese architect system and housing culture because it describes close reciprocal influences between man and house. It seems that the author of Huangdizhaijing is not the emperor but he was represented by descendants who systemized the idea of Huangdizhaijing in Yangzhai shu(陽宅書). Being there many of documents presented by emperor like Huangdineijing(黃帝內徑), It is counted that the reason of the representing emperor is to show off its origin has long and authoritative history. It seems that the preserved period of writing Huangdizhaijing is Tang(唐) dynasty, but counting that various Yangzhaishu prevailed, Huangdizhaijing's contents has much in common with Dunhuangben(敦煌本), and it valued Menfazhidu(門閥制度) of Weijinnanbeichao(魏晉南北朝) dynasty, the many of the contents of Huangdizhaijing should be formed before Tang dynasty. The exiting editions of Huangdizhaijing could be divided into generally 8 kinds:(1) Zhengtongdaocangben(正統道藏本) (2)Yimenguangduben(夷門廣牘本) (3)Jindaimishuben(津逮秘書本) (4)Shuofuben(說?本) (5)Gujintushujichengben(古今圖書集成本) (6) Sikuquanshuben(四庫全書本) (7)Xuejintaoyuanben(學津討原本) (8)Dunhuangben(敦煌本).

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Industrialization Process in the Border Area of The U.S. and Mexico (미국-멕시코 국경지대의 산업화 과정)

  • 김학훈
    • Journal of the Economic Geographical Society of Korea
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    • v.1 no.1
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    • pp.81-112
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    • 1998
  • This study reviews the industrialization process of the United States-Mexico Borderlands and the economic relations between the U.S. and Mexico and examines their impact on the borderlands. Main factor in the industrialization of the borderlands was the U.S. investment on the maquiladora program of Mexico since 1965. It contributed to the increase in employment and population of borderlands and the development of service industries. Low wage level of Mexico induced not only standardized labor-intensive industries but also the high-tech automated industries because they still use a lot of labor in manufacturing and assembly process, while the functions of management. R & D, and distribution remained in the U.S. This is a typical case of international division of labor and satellite industrial district. The rules of origin in NAFTA, however forced branch Plants of multinational companies to form the local linkages between firms.

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A Study on the Korean Companys' Evaluation of decade-long Korean FTAs and how to improve its for FTA Utilization (한국무역업계의 FTA 평가와 활용 제고방안 연구)

  • Bae, Myong-Ryeol;Park, Chun-Il
    • International Commerce and Information Review
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    • v.16 no.5
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    • pp.249-273
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    • 2014
  • This study aims to find implications of Korean FTAs and to suggest policy recommendations to facilitate the utilization of FTAs based on the field survey of more than 1,000 trading firms According to the survey, most of the trading firms have utilized FTAs more than once and had agreed that the FTAs have contributed to expansion of their business and trade with partners. However, still a number of firms responded that they have never used FTAs. Even those who are utilizing FTAs expressed difficulties in conforming to the complex rules of origin verification processes and lack of practical information on how to use FTAs. Therefore, government policies need to be more focused on elevating FTA utilization rate and meeting the practical use of FTAs by trading firms. In addition, trading firms were found to express preference to potential FTA partners with large economies in the East Asia and were in the opinion that future FTA agreements should be approached in a way that can reflect the practical interest of the firms.

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A HS tariff classification service based on a knowledge convergence performance system supporting decision elements and field terms (결정요소 및 현장용어 지원 지식융합 수행 시스템 기반의 HS 관세분류 서비스에 관한 실증 연구)

  • Kim, Eunsoo;Song, ByungJun;Lee, Jong Yun
    • Journal of the Korea Convergence Society
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    • v.6 no.1
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    • pp.49-55
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    • 2015
  • In the FTA environment, it is necessary to comply with the rules of origin in order to receive duty-free benefits. To do this, they have to precede the Harmonized System(HS) tariff classification of the goods and understand thoroughly the basic principles that constitute the tariff schedule of HS classification. For the correct classification, they should understand exactly the product name of "Heading" about the items, "Legal Note" in the relevant "Section" or "Chapter" as well as provisions of the commentary. Therefore, this paper proposes to develop a HS classification services based on the performance system of knowledge convergence of field terms commonly used in various industries. In result, our services can provide users the conveniences which users first selects one of seven decision elements of the classification and perform the classification easily and accurately.

A Study on Families and Kinship Concepts in Korea: A Focus on Family Related Laws (한국 가족 및 친족 개념에 대한 연구 : 가족관련 법을 중심으로)

  • Sung, Mi-ai
    • Journal of the Korean Home Economics Association
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    • v.47 no.4
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    • pp.11-24
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    • 2009
  • This study aims to analyze families and the kinship concepts in Korean laws based on meanings, boundaries, and functions. Korean culture is in the process of changing from traditional familism to democratic individualism, yet this is not a simple transition. In recent times, many people have come to look at family life from both traditional and individual perspectives, so their family values are inconsistent with each other. Therefore, this creates many family conflicts. As a result of this problem, I have analyzed families and the kinship concepts in Korean laws based on meanings, boundaries, and functions. Because laws regulate and reflect our everyday life, it is meaningful to review these laws. The results are as follow: First, the meaning of family in Korean laws is to respect other family members, and democratic family relationships. Second, the family boundaries are very different depending on the laws. The core boundary is the nuclear family, but in addition to the nuclear family, the parents of the wife and husband, the family of origin and the kin living together are included in the family member regulations. Third, the functions of the family are caring, education, rules for the living place, child discipline, supporting each other, guardianship for the family members, succession of family assets, and legal accusation rights. Kinship plays an important role in determining child guardianship, permission of a minor to marry, and authority over legal incompetency. Therefore, there are some contradictions between individualism and patriarchy in Korean laws, and these can have an influence on the conflicts between family members in the everyday life.

Recognition and Enforcement of Foreign Arbitral Awards in Japan: Conventions, National law and Refusal of Recognition and Enforcement (일본법상 외국중재판정의 승인집행 -적용법규와 승인집행거부를 중심으로-)

  • Kim, Eon-Suk
    • Journal of Arbitration Studies
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    • v.20 no.3
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    • pp.25-46
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    • 2010
  • In spite of great interest and recent innovation of the legislative system in the Arbitration and other Alternative Dispute Resolution(ADR) system, In Japan there have been only a few case in which International commercial dispute was settled through the Arbitration compared to other countries. However, we can easily expect that foreign arbitral awards which need to be recognized and enforced in Japan will gradually increase and this makes it very important for us to review the Japanese legislative system regarding recognition and enforcement of foreign arbitral awards. In this paper, I focused on the relations between applicable laws(including convention) regarding recognition and enforcement of foreign arbitral awards in Japan and some issues concerning refusal of recognition and enforcement of foreign arbitral awards. Japan is a member state of several multilateral conventions concerning recognition and enforcement of foreign arbitral awards including the New York Convention of 1958 and at least 20 bilateral agreements which include provisions in relate to the recognition and enforcement of arbitral awards. Therefore there are some legal issues about the priority application between multilateral and bilateral agreements in relate to Article 7(1) of the New York Convention. In Japan, as I mentioned in this paper, there are incoherent opinions concerning this issue. To solve it substantially it would seem appropriate to build up concrete and explicit provisions concerning the application of priority between multilateral and bilateral agreements. On the other hand, in relate to the application between the New York Convention and National Law, it is necessary to take general approach regarding the priority application between Convention (Treaty) and National Law, considering the national application of conventions under the Constitutional System of each country. Among the grounds for non-recognition/enforcement, there are the ones that are decided under the law of the requested country, for instance, arbitrability and public policy. It would therefore be possible that some foreign arbitral awards would not be recognized in Japan especially relating to the arbitrability because its scope in Japan is not so large. Regarding the enforcement of awards annulled in their place of origin, some positive opinions in recent Japanese legal discussions, say that annulled awards should be enforced as a counter strategy of developed countries and judiciary discretion of the requested country would be needed. As mentioned in this paper, the recognition and enforcement of foreign arbitral awards is closely related to judicial policy of the requested country as the recognition and enforcement of foreign judgment is. Even though there existed uniform rules on recognition and enforcement of foreign arbitral awards like the New York convention, each country has different internal legal status of conventions under its own Constitutional System and tends to interpret the provisions based in its own profit. Therefore, it is necessary to review, in the light of conflict of laws, the national legislative system including legal status of conventions of the requested countries concerning recognition and enforcement of foreign arbitral awards.

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A Study on Characteristics of Jinsatak(陳士鐸)'s Clinic Theory (진사탁(陳士鐸) 임상 이론의 특징에 관한 연구)

  • Jeong, Kyung-Ho;Kim, Ki-Wook;Park, Hyun-Guk
    • Journal of Korean Medical classics
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    • v.22 no.3
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    • pp.31-51
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    • 2009
  • The characteristics of Jin's ideas on clinic theory can be arranged as follows. 1. Jin emphasized warming and tonifying[溫補] in treatment and the part that shows this the best is the taking care of[調理] the Vital gate[命門], kidney, liver, and spleen. His ideas were based on his understanding of a human life's origin, and was influenced by Seolgi(薛己), Joheon-ga(趙獻可) and Janggaebin(張介賓)'s Vital gate and source Gi theory(元氣說) so scholastically, he has that in common with them but was later criticized by later doctors such as Oksamjon(玉三尊) as an 'literary doctor(文字醫)' who followed the ideas of "Uigwan(醫貫)". 2. The warming and tonifying school[溫補學派], who were influenced by Taoism, said in their theory of disease outbreak[發病學說] that since one must not hurt one's Yin essence and Yang fire [陰精陽火] there is more deficiency than excess, so that was why they used tonifying methods. Jin was also like them and this point of view is universal in internal medicine, gynecology, pediatric medicine and surgery and so on. 3. Jin, who saw the negative form of pulse diagnosis[診脈] emphasized following symptoms over pulse diagnosis using the spirit of ‘finding truth based on truth[實事求是]' in "Maekgyeolcheonmi(脈訣闡微)", but emphasized 'the combination of pulse and symptoms[脈證合參]'. He understood pulse diagnosis as a defining tool for symptoms, and in "Seoksilbirok(石室秘錄)" simplified pulse diagnosis into 10 methods : floating/sunken(浮沉), slow/fast(遲數), large/fine(大小), vacuous/replete(虛實) and slippery/rough(滑澀). 4. Jin used 'large formulas(大方)' a lot that usually featured a large dose, and in " Bonchosinpyeon(本草新編)" he thought of the seven formulas(七方) and ten preparations(十劑) as the standard when using medicine. He did away with old customs and presented a 'new(新)' and 'extra(奇)' point of view. He especially used a lot of Insam(人蔘) when tonifying Gi and Geumeunhwa(金銀花) when treating sores and ulcers. 5. In the area of surgery Jin gave priority to the early finding and treatment of disease with internal treatment[內治] and was against the overuse of acupuncture. However records of surgical measures in a special situation like lung abscesses(肺癰) and liver abscesses(肝癰), and anesthetic measures using 'Manghyeongju(忘形酒)' and 'Singoiyak(神膏異藥)' and opening the abdomen or skull, and organ transplants using a dog's tongue are important data. 6. Jin stated the diseases of Gi and blood broadly. Especially in the principles of treating blood, blood diseases had to be forwarded[順] and Gi regulation[理氣] was the number one priority and stated the following two treatments. First, in "Jeonggiinhyeolpyeon(精氣引血篇)" of volume 6 of "Oegyeongmieon(外經微言)", for the rules for treating blood he stated the pattern identification of finding Gi in blood and blood in Gi. Second, he emphasized Gi regulation(理氣) in blood diseases and stated that the Gi must be tonifyed after finding the source of the loss of blood.

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A Study about Characteristics of literature of acupuncture and moxibustion in "Chimgujasaenggyeong(鍼灸資生經)" ("침구자생경(鍼灸資生經)"의 침구 문헌적 특징에 관한 연구)

  • Park, Hyun-Guk;Kim, Ki-Wook
    • Journal of Korean Medical classics
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    • v.21 no.4
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    • pp.61-74
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    • 2008
  • The acupuncture and moxibustion documentary characteristics of "Chimgujasaenggyeong" can be summarized into 6 parts such as the follwing 1. "Chimgujasaenggyeong" was written at about 1180-1195 during the Southern Song period. It contains 7 volumes in all. The acupuncture points and their variations in volume 1 were all directly recorded from Wang-yuil(王維一)'s "Dong-insuhyeolchimgudogyeong(銅人腧穴鍼灸圖經)" and 11 points were added from volumes 99 and 100 of "Taepyeongseonghyebang(太平聖惠方)", bringing the total to 365 points, which was different from the 360 that the people knew. Volume 2 is the actual collection of theses on acupuncture and moxibustion by Wangjipjung(王執中) and shows his unique views on the basic problems of acupuncture and moxibustion such as selection of points[取穴], application of moxas[施灸], aftercare of moxibustion[灸後護理] and acupuncture and moxibustion contraindications[鍼灸禁忌]. Volumes 3${\sim}$7 mostly divide the indications(主治) from "Dong-insuhyeolchimgudogyeong", "Taepyeongseonghyebang", "Cheon-geumyobang(千金要方)" by disease into chapters. 2. Of the remaining editions the 'Cheonryeok Guanggeunseodang Inbon(天曆 廣勤書堂 印本)' of the Won dynasty is the first, and the Jeongtong(正統) new edition is a reprint based on the Cheonryeok(天曆) edition, and the Jeongtong edition reprinted in the 9th year of Guanmun(寬文) of Japan has many missing and wrong characters compared to the original copy. 3. The big letters[大字] under the line in the current editions are all postscripts[按語] of Wangjipjung and the 5 verses quoted from other books that do not have their origin listed and have the qualities of rules for treatment in the first chapter of volume 3 'Heoson(虛損)' were put together by Wang. 4. In the annotations in small print of the current edition of "Jasaenggyeong" there are Wisegeol(衛世傑)'s added annotations in addition to Wangjipjung's original ones. 5. Some of the many medical books quoted by the "Jasaenggyeong" that are from before the Song dynasty have been lost completely and only can be seen here in this important text. 6. The quotations said to be from 'Myeongdanggyeong(明堂經)'(or 'Myeongdang(明堂)', 'Myeong(明)') in "Jasaenggyeong" are directly from volume 77 'Chimgyeong(鍼經)' and volume 100 'Myeongdang' of "Taepyeongseonghyebang" and not another book. The quotes from 'Myeongdang' in accupuncture and moxibustion books after the Song dynasty were directly or indirectly copied from "Jasaenggyeong".

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