• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.153-178
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• 2016

The United Nations Convention on the International Sale of Goods(CISG) leaves a number of aspects concerning commercial sales untouched. In particular, it is not concerned with the validity of the contract or of any of its provisions or of any usage. And UNIDROIT don't deal with all-round validity in International Commercial Contract. Especially, UNIDROIT includes declaration of intention department. The UNIDROIT contains the chapter 3 on the "validity" in terms of the defects of consent such as mistake, fraud, and threat as well as "gross disparity". Notwithstanding these provisions, the Principles did not deal with invalidity arising from the lack of capacity or authority, or immorality or illegality. On the other hand, there are arguments that the corresponding provisions of the Principles of International Commercial Contracts(UNIDROIT Principles; PICC). Therefore, Validity in International Commercial Contract is delegate by Each Country Law. So Trade practicer should know full well about Each Country Law Position. People(human, corporation, company) of position Trade practice classify each country civil law relation to validity of commercial contract. This paper is to examine the Validity of UNIDROIT Principles. Also this paper analyses comparison on each country position relation to capacity of right, capacity to act, illegality of contract, declaration of intention. In conclusion, This paper expect that people of trade practice makes use of analysis knowledge.

• Korea Trade Review
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• v.44 no.6
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• pp.285-302
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• 2019

Good faith is difficult to define due to the facts that there is not an objective and concrete concept of good faith, and good faith in contracts for the international sale of goods is a principle that parties to the contract must act with sincerity as members of a social community. The Korean Supreme Court shall pay attention to setting the applicable standards that can be universally applied to good faith based on the self-established criteria. Through such effort, it is possible not only to realize the value of concrete validity pursued by the general clause of good faith but also to realize the value of legal stability by assuring the predictability of results when applying good faith. In the modern sense, it can be said that the arbitrary application of general rules rather than the escape and general clauses is a problematic situation in the application of good faith, but this problem can be solved by setting a reasonable standard of good faith. This paper studies good faith in the view of Korean law, international laws, and related cases in contract law. The purpose of this paper is to find the problems and solutions of the practical application of good faith by analyzing the Korean case (2009Da86000), which undermined the legal stability of good faith in Korea.

• Proceedings of the Korean Society for Quality Management Conference
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• 1998.11a
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• pp.339-344
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• 1998

Since 1997, JAB (The Japan Accreditation Board for Conformity Assessment) had started the activity of accreditation for the laboratory based on U.S. PL101-592: the Fastener Quality Act that was signed by President Bush on 1990. The number of accredit laboratories are 69 in Japan, 21 in Taiwan, 2 in Korea and 189 in U. S. A, as of 09/10/1998. The JAB accreditation encompasses the requirements of the ISO/IEC Guide 25, and the relevant requirements of ISO 9002. The purpose of ISO/IEC Guide 25, also had been harmonized as JIS Z 9325 'General requirements for the competence of calibration and testing laboratories 'mainly facilitates and promotes acceptance of calibration and test results between countries to avoid barriers to trade through as 'one stop testing'. The features and differences between Guide 25 and ISO 9000 will be clarify in this report.

• The Journal of Information Technology
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• v.7 no.2
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• pp.55-67
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• 2004

The copyright law only protects the creative representation of works because it conditionally requires a creativity aspect of works. Due to the lack of protection regime in existing laws and the systems, the online digital contents industrial development act has been enacted to alternatively protect the digital contents providers based on a principle of preventive of illegal competition.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.349-370
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• 2016

This thesis examines the problems faced in the electronic bill of lading for which improvements are necessary, and suggests various ways of overcoming those problems. First, to build a negotiation system for electronic B/Ls, active participation from related parties in addition to the government support is essential. Second, electronic B/Ls cannot be utilized within a short period of time in current commercial practices. Third, there should be infrastructure which connects all parties of international commerce through an electronic system. Fourth, instead of promoting mutual recognition through international treaty, there should be a plan which legally specifying mutual recognition between certification authorities. Fifth, it is needed to ease the strictness of electronic signature to promote the global negotiation of electronic B/Ls. Lastly, in prima facie weight of evidence, there was a significant difference with the Rotterdam Rules even in comparison with the Commercial Act which was amended with the significantly advanced rules on electronic B/L. He believed there should be a discreet consideration on these matters at the revision of the Commercial Act. For this, the government has to provide support more aggressively with more interest and commitments.

• Proceedings of the Korea Society for Energy Engineering kosee Conference
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• 1996.04a
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• pp.144-150
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• 1996

The Energy Efficiency Standards and Labelling Act, as amended by the Rational Energy Utilization Act, provides energy efficiency standards and labellings for six equipment categories(viz, refrigerators, air-conditioners, fluorescent lamps and ballasts, incandescent lamps, cars) authorizes the Ministry of Trade. Industry and Energy (MOTIE) to prescribe amended or new energy efficiency standards and labelling standards. This study was initiated by the KIER(Korea Institute of Energy Research) in 1992. KIER's assessment of the appliance energy efficiency standards is designed to evaluate their statistical and engineering analysis according to Korean Industrial Standards(KS). And to make didtinction between the poor efficiency and good efficiency models. 5 grades are classified depending on their tested energy efficiency. This year, based on our analysis, MOTIE mandated updated standards for refrigerators, air-conditioners, Incandescent lamps, and fluorescent lamps.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.213-237
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• 2010

The purpose of this paper is to analysis the legal aspects of e-commerce, particularly those relate to electronic contract, in China On 23 November 2005, the United Nations General Assembly adopted a Convention on the Use of Electronic Communications in International Contracts, known popularly as the Electronic Communications Convention. China signed it but the convention is not binding yet as it still requires the ratification by three states. On the other hand, China adopted a new act legalizing the electronic signature in 2004. This new act provides electronic signatures with the same legal status as handwritten signatures. But the efficiencies that business hopes to achieve through electronic commerce are not completely reflected in the legal processes necessary to support those hopes.

• Journal of Korea Trade
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• v.25 no.1
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• pp.89-111
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• 2021

Purpose - The U.S. Trade Preference Expansion Act (TPEA) of 2015 enables the US Department of Commerce (DOC) to inflate dumping margin when the particular market situation (PMS) exists in the exporter's home market. DOC applied PMS provisions to the steel products from Korea. This paper analyzes whether DOC's calculation by using the regression analysis is consistent with WTO rules. Design/methodology - This paper analyzes the PMS application in law and regression analysis that extends the data period from 10 years to 18 years using the same economic model with DOC, and changes the country group according to the quantities of steelmaking capacity. Findings - Results show that DOC's argument conflating the sales-based with cost-based PMS designed to inflate dumping margins might not be consistent with WTO Antidumping Agreement Article 2.2 and 2.2.1.1 in which costs shall normally be calculated on the basis of records kept by the exporter, providing generally accepted accounting principles and reasonably reflection of the costs and PMS that exists in the Korean steel product markets. Even if it will be consistent, DOC's calculated margin by the regression analysis using a 10-year data is a big gap (5 times) compared with an 18-year data projection and different countries' data through the same methodology, which is a huge gap of regression coefficient. It means that dumping margin would be very wide range from 7.8% to 38.54% and unstable to calculate. Inflating dumping margin by DOC using regression analysis would not only be inconsistent with WTO rules, but also projection result is unreliable. Originality/value - Literature papers have mainly analyzed WTO law itself. This paper however, would be the first attempt to analyze the DOC's new way of dumping margin calculation in both manners of law and an empirical methodology perspective at the same time.

• Journal of the Korea Society of Computer and Information
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• v.28 no.12
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• pp.267-279
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• 2023

The objective of this paper is to examine the legal framework governing the import and export of grain in China, a pivotal factor in shaping policies aimed at stabilizing South Korea's foreign trade and grain imports. Through this analysis, it is observed that China's foreign trade system, governed by the Foreign Trade Act, exhibits a notable absence of clear delineation regarding the scope and responsibility for the delegation of authority to foreign trade management agencies. In contrast, Korea's Foreign Trade Law, along with its enforcement decree and management regulations, explicitly outlines the scope and responsibilities pertaining to the delegation of authority to foreign trade management. However, in the case of China's revised Foreign Trade Law, there exists a lack of precision in specifying the delegation of authority to foreign trade management. This creates a potential for discretionary intervention by local governments or other administrative bodies. While China's legal system concerning grain imports and exports aligns with WTO regulations in its institutional framework, attention is warranted due to the vagueness in laws or regulations, as well as the presence of irrational and non-transparent procedures during system operation. As conclusion remarks, while China's legal structure related to grain imports and exports conforms to WTO guidelines overall, the identified issues such as legal ambiguity and non-transparent procedures underscore the need for caution. To safeguard against potential challenges in future trade interactions with China, proactive measures are crucial to address these concerns.

• International Commerce and Information Review
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• v.9 no.3
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• pp.287-304
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• 2007

Determination of the time and place of dispatch and receipt of electronic messages is an important element of the operation of many rules of law, particularly the timing of formation of the contract. In this paper, I reviewed interpretation and application of time and place of dispatch and receipt of electronic records in electronic transactions under the UNCITRAL(United Nations Commission on International Trade Law) Model Law on Electronic Commerce, USA Uniform Electronic Transactions Act and Korea Electronic Transactions Act. Time of dispatch and time of receipt are effective when received. The sender has the burden to prove that the electronic record is sent successfully to the information process system of the recipient. Therefore, to safety electronic transactions, the sender needs to request a confirm notice for receipt to the recipient when the electronic record is sent like the provisions of UNCITRAL Model Law on Electronic Commerce and Korea Electronic Transactions Act. By requesting the above, the sender is able to take precautionary measures for damage according to the failure of dispatch and receipt of the electronic records.