• 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.

• Journal of Arbitration Studies
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• v.17 no.1
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• pp.183-215
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• 2007

The purpose of this paper is to study of WTO regulations related FTA such as Understanding on the Interpretation of Article XXIV of the General Agreement on Tariffs and Trade(GATT) 1994 and General Agreement on Trade in Service(GATS). In this study, the First introduced FTA rules of WTO in the chapter 2. The WTO agreement includes the "General Agreement on Tariffs an Trade(GATT) 1994". This instrument, known as "GATT 1994", is based on upon the original General Agreement on Tariffs and Trade referred to as "GATT 1947". The Second analyzed the relations between FTA and Article XXIV of GATT 1994 in the chapter 3. The Article XXIV of GATT 1994 is an agreement between the distinctive members for liberalizing trade. The Article XXIV of GATT 1994 is consist of three parts such as customs unions, free-trade area, and interim agreements that WTO is referred to as "Regional Trade Agreement(RTA)". There is a difference between the customs unions and the free-trade area. In the customs unions rules, the members should have the same tarifficatio and the same trade provision against non-members, but in the free-trade are a rules, the member is not necessary to have the same tarifficatio and the same trade provision against non-members. But, the both rules have a liberalization of trade in a common as a revoking tariffs and the government regulations for interfering with trade. In this case, however, the both rules include an inconsistency ele ment under WTO rules such as Most-Favoured-Nation Treatment(MFN) and National Treatment on Internal Taxation and Regulation(NTITR). This study reviewed neither inconsistency nor consistency on the both rules with the RTA of WTO under Article XXIV of GATT 1994. The Third analyzed the relations between FTA and Article V of GATS under WTO in the chapter 4. The GATS is a rule of WTO for the growing importance of trade in services for the growth and development of the world conomy. The GATS is a new rule rather than GATT's rule for concerning goods trade. The Article V of GATS under WTO is a rule that makes based on upon the Article XXIV of GATT. Therefore, If it is to be examined the Article V of GATS, it should be referred to a and an interpretation of the text of the Article XXIV of GATT. However, the Article V of GATS is on the undeveloped stage compare to the Article XXIV of GATT. Because, the statistics of WTO showed that the RTAs under the Article XXIV of GATT have 150 cases completed between nations, but the RTAs under the Article IV of GATS have 10 cases completed between nations. The Forth examined the interpretation of FTA rules under WTO in the chapter 5. Concerning the consistency issue of customs unions and free-trade area under the Article XXIV of GATT, the working parties in customs unions and in free-trade area have been reviewed the consistency is sue which had been not if to GATT. However, the parties finished to get up with one accord the both that are a consistency of argument and an inconsistency of argument with the interpretation of the Article XXIV of GATT. The interpretation of the Article XXIV of GATT has been raised as the issues when EEC by Rome Treaty established in 1957. However, the consistency is sue only agreed 6 working parties out of 69 working parties finished the reviewing of the interpretation up to the end of 1994. Also the consistency issue concerned with the special privilege measure of the customs unions and tree-trade area under the Article XXIV of GATT discussed only 3 cases between working parties up to now and did not accepted as an issue for working parties' report. In conclusion in the chapter 6, this study raised the issues of WTO that are a conference of a new round under WTO and the issues of clarity between FTA rule and WTO regulation.

• Korean journal of communication and information
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• v.35
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• pp.36-86
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• 2006

The industrialization and globalization in the field of broadcasting are rapidly proceeded by extension of multilateral agreement as GATT and WTO, and by expansion of bilateral FTA. The broadcasting gets important in the industries according to the change of broadcasting environment grounded on industrial logic. As the broadcasting products become an important article of trade, broadcasting industry is the best bet in the cultural industries. In the international trade, the USA and Japan will treat cultural products the same as common goods and keep in the frame of free trade. On the contrary, the EU nations and Canada take a position that the cultural products are common goods and also public goods at the same time, and that therefore the cultural products will be excepted from the free trade. But this so called cultural exception, which is formed in the multilateral free trade agreement, is merely a temporal countermeasure, not a fundamental alternative especially in the present circumstances of DDA negotiation of WTO and of enlargement of FTA by the USA. So a nation shall carry out policies for cultural identity and cultural autonomy by the guarantee of Cultural Diversity Agreement of UNESCO, and organize a new cultural exchange order which substitutes the trade order by trade agreements.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.371-388
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• 2016

International air transport for cargo services is a facilitator for various trade sectors and, by itself, an important service industry. Although international air cargo industry is expected to grow continuously, industry stakeholders complain about legal constraints in the industry and demand more liberalized regime. From its birth at the beginning of the 20th century, the airline industry was tightly regulated by governments with a strong tradition of protectionism. In the past few decades, however, protectionism in the airline industry has steadily declined. Indeed, the airline industry is largely in the process of liberalization. Interestingly, it has been easier to liberalize air cargo service than passenger service. Indeed, states have traditionally shown far more willingness to provide market access for foreign carriers carrying cargo than passengers. Given the impact of air cargo service in a state's wider economy and own characteristics of cargo services (i.e. air cargo traffic is inherently one-way, unlike passenger traffic, which tends to involve round trips), more liberalized approach is necessary for air cargo services. Among three approaches: bilateral, regional (block-based) and multilateral, it is desirable to adopt a multilateral treaty (a new multilateral all-cargo agreement) so as to harmonize and simplify complicated trade regulations on air cargo services.

• East Asian Economic Review
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• v.16 no.2
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• pp.155-204
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• 2012

This study maps out the degree of liberalization of trade in services under four ASEAN+n frameworks. After constructing a database showing the existence of limitations on market access and/or national treatment by each service sector, the study finds that the commitment level differs greatly between sensitive and less sensitive sectors, and that the commitment level under the ASEAN Framework Agreement (AFAS) is the highest among the four FTAs studied. It also finds that there are cross-country and sector-wide similarities in the pattern of service sector commitment under and across each of the FTAs; this implies that the shared domestic sensitivities can be overcome by a shared economic cooperation scheme for enhancing competitiveness in the ASEAN+n region.

• International Commerce and Information Review
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• v.11 no.2
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• pp.49-66
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• 2009

The DDA negotiations, in 9th multilateral trade round, has focused on nine sectors including agriculture, non-agricultural market access, and service. After August 2004, member countries have intensified negotiations in order to reduce gaps between countries perspective. So most attention of members countries has been focused on agricultural trade and non-agricultural market access. Agricultural negotiation confront tough challenges because of different positions among members countries, and are not expected to reach perfect forms of modalities. Nevertheless based on the fact that many countries nearly reached agreement on some core. Under this circumstance, Korea has to prepare more practical strategics and more effective individual commitments to minimized the agricultural market opening. The other way, some Korean agricultural products will be exported by the DDA negotiation. Recently the understanding of Third-Party Logistics and Logistics Outsourcing are receiving increased attention as means of becoming competitive in agricultural products export improvement. So this paper presents a in-depth analysis for third-party logistics and its implications for Korea agricultural product export system improvement in E-trade Era.

• International Commerce and Information Review
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• v.12 no.1
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• pp.55-73
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• 2010

The thesis examines new innovation of various aspect to overcome lots of problems which come by when we execute simplification of trade procedure and administration fairly. Practical implications regarding the innovation of electronic trade infrastructure are as follows. First, it will propel the standardization of electronic trade section in the technical side and the construction atmosphere of international authentication system must be created. The work process should be redesigned in order to implement export-import procedures that meet the relevant standards. Second, the improvement of system for electronic process is necessary in the law and institutional aspect. In order to eliminate any obstacles to the trade procedure, clearer legal grounds regarding legitimate controls and minimum necessity must be established. Also, laws should be revised to admit mutual recognition among certification organizations, in lieu of international agreement-based mutual recognition between government. Third, the detailed improvement for the integration of the electronic trade infrastructure will be demanded. Additionally, user-centered quality management protocols should be established via connections with the systems already existing in governmental bodies. Fourth, various trade institution should harmonized and interconnected with other partners through mutual cooperation for standardization of operational system. A system which can monitor and remotely diagnose and resolve system errors should be established to provide tailor-made service and improve operational efficiency. At the same time, it is necessary to build a cooperative system to share information and promote comprehensive management for efficient operation.

• Journal of The Institute of Information and Telecommunication Facilities Engineering
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• v.8 no.4
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• pp.163-169
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• 2009

Recently, the concern of the FTA (Free Trade Agreement) have shifted to the promotion of the professional service's trade via the bilateral and reciprocal agreement of its professional laws. In the construction industry, this policy has intended to make the standardization of the construction manager's profession in the world. The purpose of this paper is 1) first to define the general model of professions in the U.S., UK and Japan, 2) then to declare the construction manager's model of the profession in them to apply the general model of professions, and 3) finally to analyze the identity of Korean construction managers and acquirement of its construction manager's law comparing with construction manager's model of the profession in the U.S., UK and Japan.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.343-405
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• 2009

This paper is to discuss essential business of hospital business. While the labor world and ILO made continuous recommendation for improvements towards the compulsory arbitration system along with the controversy over unconstitutionality of the system, the Constitutional Court ruled that the system is constitutional on December 23, 1996(90hunba19) and on May 15, 2003 (2001hunga31). Despite this decision from the Constitutional Court, there has been much controversy over whether the compulsory arbitration system infringes the rights of collective action against the principle of trade union & labor relations adjustment which allows Commissioner of the Labor Relations Commission to decide on submission of arbitration by virtue of his/her authority in case where industrial disputes take place in the essential public-service businesses. The revision on the above provision was closely examined from the year 2003 and an agreement was made on the abolition of the compulsory arbitration system and the introduction of essential business with a grand compromise among labor unions, employers and the government on September 11, 2006 followed by revision(Essential business system enacted on January 1, 2008) of the Trade Union & Labor Relations Adjustment Act on December 30 in the same year. Accordingly, in order to perform the essential business, parties to labor relations must have an agreement or obtain a decision by the Labor Relations Commission before taking industrial actions. This paper firstly examined the concept of essential public-service businesses and essential business, legal meaning of essential business, procedures for making agreement and decision and legal effects. Secondly it intensively explored a theory against the principle of the legality which was raised from some part of society. In other words, it is claimed that a theory against the principle of the legality is not consistent with the rule of legislation and some abstract wording is against void for vagueness doctrine because part of crime constitution requirements is delegated to the Presidential Decree or to consultation among parties to labor relations. But analysis on the rule of legislation and void for vagueness doctrine reflected in the decision by the Constitutional Court led that argument for a theory against the principle of the legality is not reasonable. Close examination was done on a formal act of essential business agreement and necessity of prior agreement before submission of decision to the Labor Relations Commission which might have difficulties in performing work. In addition, an example agreement on hospital essential business is attached to help you understand this paper better.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.30
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• pp.27-58
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• 2006

The purpose of this study is to identify key obstacles to the adoption of electronic bill of lading and to suggest an effective way to promote the utilization of electronic bill of lading in international trade field. This study finds that all the respondants have not used 'true' electronic bill of lading that is issued and distributed electronically, and most of them agreed the needs of e-B/L adoption, but their intentions to adopt e-B/L remain very low in the present situation. Five obstacles to the adoption of e-B/L were derived from an explanatory factor analysis: 'integration' factor, 'law institution' factor, 'usability' factor, 'economic efficiency' factor, and 'security' factor. Solutions to promote the utilization of e-B/L in international trade field are as follows; Firstly, to endow e-B/L with the legal force through amending relevant laws including the commercial law. Secondly, to conclude the relevant international agreement, and to carry out joint projects between nations are needed. Thirdly, to conduct publicity campaigns is required to increase the understanding of the concepts and benefits of e-B/L to all concerned parties. Fourthly, stable and reliable system must be constructed with high level security. Fifthly, to readjust the service fee of e-B/L system to a realistic level is to be needed in order for user companies to use e-B/L service.