• Korea Trade Review
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• v.47 no.5
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• pp.95-113
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• 2022

Tariffs on pharmaceuticals are generally low, but the time-consuming and costly licensing procedures of importing countries may act as barriers to trade. Accordingly, in terms of improving export competitiveness through cost reduction of exporting countries and improving public health for importing countries, international regulatory collaboration is effective for both countries. However, little is known about the impact of cross-border cooperation in pharmaceutical regulation on international trade. This study empirically analyzed the effect of cross-border regulatory collaboration on pharmaceutical trade using the gravity model. It was confirmed that the regulatory collaboration measures had a trade promotion effect in all drugs(HS29+HS30), finished drugs (HS30), and vaccines (HS300220). This study is meaningful in that it empirically analyzed with the consideration of the reference pharmacopoeia, safety and effectiveness in addition to the GMP inspection used in the previous study.

• Journal of Korea Game Society
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• v.21 no.4
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• pp.13-24
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• 2021

Recently, amendments to the e-Sports Act have been proposed in the Korea National Assembly. To evaluate the amendments, this study provided five factors of the e-sports industry: the high accessibility, the instability of the game, the difficulty of professional e-sports players, the fierce competition, and the lack of government policy. Based on these factors, this study suggested improvement in which the e-Sports Act should proceed for professional e-sports players, e-sports teams, and e-sports establishments.

• International Commerce and Information Review
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• v.19 no.1
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• pp.155-187
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• 2017

In the US, the Sections 301 of the Trade Act of 1974 are still being used to resolve disputes. The U.S' such unilateral retaliations grounded on the Sections 301 of the Trade Act, in fact, violate the WTO agreements and hinder the development of international trade as the trade partner may assume it as a reprisal move impeding the fair settlement of disputes. Here, this study is going to examine the characteristics and functions of the WTO dispute settlement system briefly and compare the countermeasures recognized to be legitimate by the WTO with the U.S' unilateral retaliation. Also, this author will analyse the US-Japan Automobiles (DS6) and EC-Bananas III (DS27) as one of the typical cases resulted from the unilateral retaliation. According to the result, these cases do not conform to WTO-consistency, and it implies that it is absurd to accept the US' unilateral retaliation internationally. In conclusion, presently, it is a global trend to solidify protectionism, and to vitalize trade and resolve trade disputes efficiently, it is needed to prohibit the recourse to unilateral retaliations and also positively apply the WTO dispute settlement system(DSU) defining rules about how to strengthen the multilateral system.

• Journal of Arbitration Studies
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• v.31 no.3
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• pp.3-23
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• 2021

England is a significant base for international trade in Europe, and dispute resolution through arbitration is active. Therefore, due to the geographical relationship with the European continent, the settlement of trade transactions and disputes with European countries is one of the most essential tasks. In this regard, arbitration procedures in England have been actively used for a long time. In England, dispute resolution methods through arbitration have been developed centered on merchant groups such as guilds from the 16th century and have been actively used until today. However, the arbitration procedure also had the characteristics of the common law because there was no legislation related to arbitration. Therefore, arbitration based on common law was carried out until the first half of the 19th century. In the 'Arbitration Act 1889', two types of arbitration systems, 'common law arbitration' and 'statutory arbitration' coexisted. However, in the arbitration procedure, according to the newly enacted 'Arbitration Act 1889', the arbitration agreement was binding from the time the arbitration agreement was reached. There was a way to select an arbitrator even if it was not explicitly stipulated in the arbitration agreement, and the arbitration award was quickly enforced. Arbitration under contract was preferred over common law arbitration, where withdrawal and revocation of awards were possible. However, in response to these provisions, the England courts considered the arbitration system to deprive the courts of jurisdiction, while a strengthened judicial review of arbitration procedures was done. In particular, England unified the arbitration-related laws, which had been scattered for a long time, adopted the model law, and enacted the 'Arbitration Act 1996'. Under the recognition and enforcement of arbitral awards in 'Arbitration Act 1996', Section 66 deals with the recognition and enforcement of arbitral awards and foreign arbitral awards. Section 2 of the 'Arbitration Act 1950' is inherited and used as it is. Second, it deals with the execution of arbitral awards under the New York Convention: Article 100 (New York Convention), Section 101 (Approval and Enforcement of Awards), Section 102 (Evidence Presented by a Party Seeking Recognition and Enforcement), and Section 103 (Provides Matters Concerning Rejection Recognition and Enforcement).

• Convergence Security Journal
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• v.13 no.5
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• pp.27-35
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• 2013

There has been a adverse balance between Korea and U.S. in defense trade. This paper investigates the current status of the defense trade imbalance in terms of numerical values, and also analyzes the institutionalized barriers to Korea defense exporters imposed by laws and regulations. It is found that the amount of Korea defense import is several tenfold that of the export to U.S. in 2011. The barriers are analyzed to be the american laws and regulations. The buy american act is applied to the U.S government procurements and the Berry amendment is applied to the defense procurements. These two laws has been implemented by the defense federal acquisition regulation which allows U.S. Dept. of Defense to buy only american products. To overcome the barriers, Korea ought to sign a defense MOU with U.S., so that the buy american act and the Berry amendment can be waived.

• Korea Trade Review
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• v.46 no.3
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• pp.185-201
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• 2021

This paper analyzes the penalty tax system under the Customs Act of Korea and examines whether the penalty tax provision violate the constitutional principle of proportionality when imposed on a person who does not made import declaration intentionally or travelers who has not been made an import declaration of their carry-on items. It examines the provisions that adopt a penalty tax as a means to secure the effectiveness of the customs law. In relation to penalty tax, the case studies of the Supreme Court and Constitutional Court of Korea are analyzed by major issues such as the legal nature of the penalty tax, whether the penalty tax is unconstitutional, and the reasons for exemption from the penalty tax. There is no reasonable basis for the high penalty tax imposed on travelers' carry-on items for which import declaration has not been made. It is necessary to unify the penalty tax imposed when an import declaration is not made and the penalty tax on traveler's carry-on items. It is necessary to establish a limit on penalty tax and to create new regulations to exempt or reduce penalty tax when punished by administrative punishment to avoid double jeopardy. It is necessary to effectively secure the effectiveness of the Customs Act by converting the penalty tax into civil penalty that does not presuppose the faithful and accurate performance of tax obligations by the taxpayer. The government revised the penalty tax system in the Customs Act in 2019, but there are still many types of penalty tax and there are elements that are unconstitutional. It seems that the Korean government should lower the burden on the people by improving the system for the penalty tax system.

• Journal of Korea Fair Competition Federation
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• no.130
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• pp.55-66
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• 2007

• Korean Architects
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• s.518
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• pp.75-75
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• 2012

• Korean Architects
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• s.517
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• pp.75-75
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• 2012

• International Commerce and Information Review
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• v.19 no.1
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• pp.3-21
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• 2017

As to 'E-Commerce Trade' or 'The Cross Border E-Commerce (CBEC)' which has shown rapid diffusion, Korean government is providing active support on the basis of idea that it has profound impact on increase of export. However, sporadic support propelled by various ministries and agencies are not effective and efficient at all on actual circumstances. Consequently, in order to promote consistency, effectiveness, and efficiency of supporting policy, it is desirable to clarify competent ministry and the duty of cooperation to the other ministries and agencies. For its own sake, it is necessary to amend each existing laws which scattered all over the business territory, or to legislate new enactments. Yet these methods are extremely tough to carry out, therefore, it seems that amending 'Electronic Trade Facilitation Act', which already exist and regulate 'paperless trade' would be a realistic alternative. For the diffusion of Korean CBEC especially export, in this study the author insists that amending this law to promote CBEC is the most reasonable way comparing to other ways with several reference materials.