• 제목/요약/키워드: Trade Act

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Economy and Trade Cooperation between Dandong, China and D. P. R. Korea (단동, 중국, 북한의 경제 및 무역협력에 관한 연구)

  • Li, Tie-Li;Jiang, Huai-Yu;Gao, Feng
    • Journal of the Korean Geographical Society
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    • v.37 no.5
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    • pp.551-558
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    • 2002
  • The further economy and trade cooperation between China and the Korean Peninsula should be carried out due to the process of globalization. Being the biggest border city and one of the windows of opening outside policy, Dandong plays a very important role in the economy and trade cooperation between China and D.P.R.K. With the tendency of regional economy cooperation amony countries of Northeast Asia, Dandong should also act as a bridge in the economy and trade cooperation between R.O.K and D.P.R.K.

Effect of International Trade and Business for Approval Mediated by Relationship Capabilities on Korea's Export Growth

  • Bong-Ju Kang;Yang-Kee Lee
    • Journal of Korea Trade
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    • v.26 no.6
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    • pp.61-82
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    • 2022
  • Purpose - This study analyzed the effect of obtaining international products and qualification certification on exports according to the suitability evaluation system. Recently, non-tariff barriers have emerged as technical barriers, and the Biden administration is trying to achieve export growth and economic growth by utilizing the demand for conformity assessment following the Fourth Industrial Revolution and the free trade system from the perspective of Korea. Design/methodology - This study analyzed the effect of a manufacturer's product certification acquisition on a company's export performance using Resource-Based View-based multiple regression analysis. To this end, concentration validity was confirmed through Factor analysis and Cronbach's alpha, and correlation analysis was performed to verify discriminant validity. Findings - Product certification and qualification have a positive impact on the company's export performance. In particular, technological dynamism and relationship control have had a significant impact. Originality/value - Considering that the Conformity Assessment Management Act will take effect in earnest in 2022, this study is believed to suggest that companies that have been certified to meet international standards may improve their export performance and increase their value in the future. International market.

Survey on animal welfare problems in Australian exporting live animals (호주산 수출 생축 동물복지에 관한 조사)

  • Jang Seong-Jun
    • Korean Journal of Veterinary Service
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    • v.29 no.2
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    • pp.129-154
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    • 2006
  • Last year, over 800 Australian live cattle were imported, underwent quarantine procedure for one month in the port of Incheon and Busan and distributed to general farm house holds in Gyeongju city, Gyeongbuk province, and Gimhae city, Namhae county, Gyeongnam province. But Hanwoo association took violent actions to prevent from entering the country for fear that the imported live cattle would destroy the 'Hanwoo industry', and in turn leads to the collapse of the industry. In Australia, national animal protection body 'Animals Australia' investigated the level of cruelty involved in this trade and made a report 'The death file'. Australia governments drive to expand Its market for 'live animal exports' and it has resulted in a corresponding increase In casualties associated with the long-haul overseas trade in live livestock animals over the past years. After the stress of transportation, all the surviving cattle and sheep face death on foreign soil, many into countries which have no animal welfare laws or, at best, inadequate laws. They will usually be killed without pre-stunning and often even without adequate restraint facilities. The result is inherent and persistent suffering. West Australian(WA) Police acting on behalf of the West Australian Government and the Office of the WA State Solicitor have laid animal cruelty charges against a leading WA live export company for breaching the WA Animal Welfare Act. With the aim of eventually substituting it for the live sheep trade, the Senate Select Committee on Animal Welfare (SCCAW) recommended that the Federal Government 'promote and encourage the expansion of the refrigerated sheep meat trade to the Middle East and other countries'. Animal welfare standards have been improved time after time, there is another incident, another public outcry, another inquiry and more assurances.

A Study on the Main Characteristics in Indian Arbitration and Conciliation Act (인도 중재.조정법의 주요 특성에 관한 연구)

  • Shin, Koon-Jae
    • Journal of Arbitration Studies
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    • v.22 no.3
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    • pp.71-92
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    • 2012
  • The significant increase in international trade over the last few decades has been accompanied by an increase in the number of commercial disputes between Korea and India. Understanding the Indian dispute resolution system, including arbitration, is necessary for successful business operation with Indian companies. This article investigates characteristics of India's Arbitration and Conciliation Act in order to help then traders who enter into business with Indian companies to settle their disputes efficiently. The Arbitration and Conciliation Act(1996) based on the 1985 UNCITRAL Model Law on International Commercial Arbitration and the UNCITRAL Arbitration Rules 1976, has a number of characteristics including the following: (i) this act covers ad hoc arbitration and institutional arbitration (ii) parties to the arbitration agreement have no option except arbitration in case of any dispute (iii) the parties can choose their own laws, places, procedures, and arbitrators (iv) the decision of the arbitrators is final and binding (v)role of the court has been minimized and (vi) enforcement of foreign awards is recognized. However, there have been some court decisions that have not been in tune with the spirit and provisions of the Act. Therefore, Korean companies insert the KCAB's standard arbitration clause into their contracts and use India's ADR(Alternative Dispute Resolution) Methods to strategically resolve their disputes. Additionally, Korean companies investigate Indian companies' credit standing before entering into business relations with them.

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Beneficiary Status according to Registration by Fraudulent Act and Effects of Illegally Revision Registration (사해행위에 의해 마쳐진 가등기를 이전하는 부기등기와 수익자의 지위 및 위법한 경정등기의 효력 -대법원 2015. 5. 21. 선고 2012다952 판결-)

  • Kim, Keon-Ho
    • The Journal of the Korea Contents Association
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    • v.15 no.9
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    • pp.126-133
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    • 2015
  • According to the traditional precedent, if a beneficiary who completed a provisional registration as a result of reservation of trade which is a fraudulent act, then assigned the right acquired by the provisional registration to the third party who has no information of the process, and let the third party complete an additional registration transfer the provisional registration, and if the third party completed the main registration on the foundation of the provisional registration, the beneficiary cannot be the other party of the litigation requesting for the cancellation of registration of the provisional registration. As the result, an apprehension that the duty to recovery of the beneficiary could easily be acquitted of a charge has existed. But, it is considered as desirable that the judicial decision judged that the court recognized the qualification of the defendant as appropriate at this case, with a different view from the precedent, and then the defendant can file the litigation against the beneficiary, requesting for cancellation of the reservation of trade which is a fraudulent act.

Recognition and Enforcement of Foreign Arbitral Awards in the Vietnamese Legal System (베트남 법체계에 있어서 외국중재판정 승인 및 집행)

  • Sung, Joon-Ho
    • Journal of Arbitration Studies
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    • v.31 no.1
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    • pp.107-127
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    • 2021
  • Vietnam is an important country with many trade transactions with the Republic of Korea. Arbitration is a method of resolving disputes that can arise with the increase in trade transactions. It is essential to study the legal system and precedents of Vietnam on the approval and enforcement of foreign arbitral awards. Such is the case because the law in Vietnam and the court's position on the approval and enforcement of foreign arbitration awards issued by the courts depend on the possibility of realizing the parties' rights concerning their disputes. Therefore, it is of great value both theoretically and practically to analyze the exact differences between approval and the denial of approval. Vietnam has enacted the Commercial Arbitration Act, which replaces the previous Commercial Arbitration Decree and creates an arbitration-friendly environment that meets international arbitration standards. Regarding the approval and execution of foreign arbitration awards, the Commercial Arbitration Act, the Civil Procedure Act, the Civil Execution Act, and the Vietnam Foreign Arbitration Awards Approval and Enforcement Ordinance are regulated. Following these laws and regulations, the reasons for the approval, enforcement, and rejection of the arbitral award are specified. In accordance with these laws and inappropriate arbitration agreements, an arbitral award beyond the scope of its right of disposition, an arbitral tribunal, or the concerned parties could not be involved in a proceeding or an arbitral award if the involved party does not have an opportunity to exercise its rights lawfully. If the state agency in the forum does not recognize the arbitral award, the dispute is not subject to arbitration under Vietnamese law, or the arbitral award does not conform to the basic principles of Vietnamese law, the parties are not bound, and the foreign arbitration award is rejected for approval and execution.

A Study on the Substantial impact of US high rate tariff policy on the Korean companies -Based on analysis of Article 301 of the US Trade Law -

  • Nam, Seon Mo
    • International Journal of Advanced Culture Technology
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    • v.7 no.4
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    • pp.63-68
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    • 2019
  • Recently, the United States and China have declared a 25% retaliatory tariff for the partner country products of 50 billion dollar scale. "Trade war" is getting full swing. Such conflicts between economic powers may spread to Japan like the domino phenomenon following the EU (European Union) and become bigger in the global trade war. As a result, Korea has an economic system with a high degree of external dependence, and there is an expert's analysis that it will become the largest victim of the global trade war. If the WTO Dispute Settlement Authority approves this US 301 retaliation measure in the same way as the past case (US-EU hormone-treated beef imports), the United States will not import any Chinese imported products Chinese products) can be imposed. If the US launches a special 301 or super 301, which is stronger than the regular 301, then China is very likely to enforce US retaliation against it, and the trade war between the two countries could become a reality. This phenomenon is likely to have a negative impact on Korean companies. In particular, Korea, which is highly reliant on intermediate goods exports to China, is expected to suffer a great deal of damage. Therefore, Korea needs flexible response at home and abroad, it is necessary to enhance the autonomy of companies and protect export industries. Adjusting corporate tax rate as well as domestic industry height will be one way. The long-term (21 months) trade war between the United States and China has resulted in economic uncertainty. The resulting damage must be compensated. It is necessary to prepare the compensation through the economic council between countries. In the future, the punitive damage compensation system should be introduced.

A Study on the Effects of Consumer Self-Determination Psychological Needs and Perceived Influence for Fair Trade Products (공정무역제품에 대한 소비자의 자기결정성 심리 욕구와 지각된 영향력의 효과에 관한 연구)

  • Ock, Jung-Won
    • Management & Information Systems Review
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    • v.37 no.2
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    • pp.283-297
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    • 2018
  • This research focuses on the perceived marketplace influence(PMI: A belief that recognizes the effect that an individual's actions will have on the behavior of other consumers in the market and thus drives them to act on fair trade consumption) of consumers who may act as a more fundamental explanatory alternative to the gap in attitudes and behaviors of fair trade products. The purpose of this study is to investigate the relationship between consumer's self - determination psychological needs (autonomy, competence, relevance), influence (personal influence, market influence), and the assets of fair trade products. As a result of the empirical analysis, it was found that among the major psychological needs related to self-determination, the variables other than competence and the perceived influence relations of consumers can be directly formed, and the perceived consumer effectiveness(PCE) has a positive influence on perceived marketplace influence(PMI). It is also found that the perceived influence of consumers(PCE, PMI) has an influence on the consumers' perceived equity of Fair Trade products. The results of this study will provide an opportunity to theoretically explain the gap between consumers' attitudes and behaviors of Fair Trade products, which is a part of ethical consumption, and provide important implications for the establishment of marketing strategies.

The Finality of Arbitral Awards: The U.S. Practices

  • Ha, Choong-Lyong
    • Journal of Arbitration Studies
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    • v.30 no.3
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    • pp.3-19
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    • 2020
  • With the advent of the Free Trade Agreement between Korea and the U.S. and an increase in trade volume between the two countries, the possibility of commercial disputes has escalated among international merchants. It has been well-known that arbitration as an alternative dispute resolution is an efficient way to resolve international commercial disputes. When arbitral awards are enforced in the judicial system, the court will inevitably have to be involved with the enforcement procedures. The court is a typical legal entity to confirm arbitral awards. Through a confirmation process, the winning party obtains the same legal status of final judgment rendered by the court. However, a winning party in arbitration will have to overcome a legal hurdle in the enforcement process of arbitral awards. This article aims to investigate how the courts control the arbitration practices and what the basic legal issues in the enforcement of arbitral awards are. The US Federal Arbitration Act is investigated, while relevant cases are reviewed and updated for legal analysis.

The Attitude and Regulation of Chinese Arbitral Institution about an Emergency Arbitrator (긴급중재인 제도관련 중국 중재기관의 규정 및 태도)

  • Ha, Hyun-Soo
    • Journal of Arbitration Studies
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    • v.26 no.4
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    • pp.63-82
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    • 2016
  • In order to cope with the changes of International Commercial Arbitration, the Shanghai International Economic and Trade Arbitration Commission (SHIAC) regulated an Emergency Arbitrator for the first time, implementing the arbitration rules in China (Shanghai) Pilot Free Trade Zone on May 1, 2014. Moreover, the China International Economic and Trade Arbitration Commission (CIETAC) also regulated the Emergency Arbitrator in the revised arbitration rules on January 1, 2015. However, it caused considerable contradiction that SHIAC and CIETAC admitted an interim measure decision by the Emergency Arbitrator under the circumstance that the Chinese court can impose a preservative measure in the Civil Procedure Code (CPC) and Arbiration Act. This study attempted to compare the main contents of an Emergency Arbitrator regulated in the arbitration rules of SHIAC and CIETAC with arbitration rules of representative arbitral institutions which operate an Emergency Arbitrator. In addition, this study verified the application features and problems through comparing the rule of SHIAC and CIETAC with the rule related to the preservative measure in Chinese law.