• International Commerce and Information Review
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• 제2권1호
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• pp.49-68
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• 2009

In 2003, the Uniform Commercial Code(UCC) which is a kind of model law to unify commercial law between several states in US was amended to use electronic document of title including bill of lading. It is the second following the Australia legislation in 1996. Also, the Korean government amended Commercial Act and made the Presidential Decree for using electronic bill of lading in 2008. In this paper the authors reveal the characteristics of the clause of UCC for electronic bill of lading. The characteristics of the clause are on the technical neutrality of the signature, the possibility of reissuance in alternative medium, and adoption of the concept of "control." It helps to suggest some implications for Korean government authority. The authors suggest the amendment of the Presidential Decree to the Korean government authority to use additionally digital signature authorized by non Korean government such as VeriSign. It will activate the use of electronic bill of lading issued by Korea repositary out of Korea.

• International Commerce and Information Review
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• 제11권2호
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• pp.281-300
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• 2009

In 2003, the Uniform Commercial Code(UCC) which is a kind of model law to unify commercial law between several states in US was amended to use electronic document of title including bill of lading. It is the second following the Australia legislation in 1996. Also, the Korean government amended Commercial Act and made the Presidential Decree for using electronic bill of lading in 2008. In this paper the authors reveal the characteristics of the clause of UCC for electronic bill of lading. The characteristics of the clause are on the technical neutrality of the signature, the possibility of reissuance in alternative medium, and adoption of the concept of "control." It helps to suggest some implications for Korean government authority. The authors suggest the amendment of the Presidential Decree to the Korean government authority to use additionally digital signature authorized by non Korean government such as VeriSign. It will activate the use of electronic bill of lading issued by Korea repositary out of Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제31권
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• pp.155-183
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• 2006

Recently, the anti-dumping actions of China are becoming aggressive, resulting in the speculation that Korea's trade surplus to China will be reduced. Anti-Dumping Actions by the Chinese Government are also becoming harsh. According to KOTRA, 18 anti-dumping actions were taken by the Chinese government against Korean products. The Chinese government has opened two additional cases of dumping investigations again Korean products 2005 as well. Therefore, Korea will likely face more trade restrictions in the form of anti-dumping in China Accordingly, the Accused party need to understand Anti-Dumping Act of China. The trade related authorities are monitoring on the China related information, and builds system barring Anti-Dumping Actions. Also, companies strongly export the differential products to the China.

• Journal of Arbitration Studies
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• 제26권2호
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• pp.115-134
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• 2016

Arbitration is a consensual process in which a dispute is resolved by an impartial arbitrator outside the courts. Arbitration is flexible, neutral, time- and cost-efficient, and confidential. In 1985, the United Nations Commission on International Trade Law(UNCITRAL) enacted the UNCITRAL Model Law on International Commercial Arbitration to help countries reform and modernize their arbitration laws. In 1999, South Korea adopted the model law. Later in 2006, UNCITRAL amended the model law to promote international arbitration. The amended model law includes, among other things, specific provisions regarding interim measures. In 2016, in order to adopt the newly amended version of the model law, South Korea revised its Arbitration Act. The revised act includes a more comprehensive legal regime regarding interim measures, including definitions, types, processes, requirements, the court's recognition and enforcement, and liability. This paper examines the revision of the Arbitration Act of Korea and its legislative intent, presents the problems, and offers recommendations for resolving the problems.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• 제57권
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• pp.173-198
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• 2013

This study conducts the horse industry, which shows how country has implemented structural adjustment policies in order to cope with the economic shocks that an FTA brought about. Among the FTAs that Korea has made, Korea-EU and Korea-US FTAs have been regard to bring relatively big impact on korean agricultural sector. The horse industry is a very large and important part of our national and local economies. It is diverse, involving agriculture, business, sport, gaming, entertainment and recreation. The enactment of the 'Horse Industry Promotion Act' can be a turning point for the recovery of the livestock industry. The Act is meaningful in that it can be expand the horse industry as a driving force of rural growth and contribute to people's leisure life. In this context, this study aims to draw policy implications for the Korean government to promote the horse industry.

• The Journal of Information Technology
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• 제9권3호
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• pp.1-14
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• 2006

China has recently (28 August 2004) adopted a new act legalizing the electronic signature. This new act provides electronic signatures with the same legal status as handwritten signatures, and states that on-line certification providers will have to be created in order to ensure the security of on-line operations made using said signatures. This new act is intended to increase Chinese electronic business, and thus to raise the revenue China can expect from said business. And the law grants electronic signatures the same legal effect as handwritten signatures and seals in business transactions, and sets up the market access system for online certification providers to ensure the security of e-commerce. As Internet trade requires a reliable third party to identify the signers, the credibility of online certifying organizations is significant for the transaction security. So, considering the weakness of China's social credibility system, the law regulates that the online signatures certification providers should be approved and administered by governments.

• Transactions of the Korean hydrogen and new energy society
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• 제33권4호
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• pp.301-308
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• 2022

The Hydrogen Economy Promotion and Hydrogen Safety Management Act (hereinafter referred to as the "Hydrogen Economy Act") stipulates matters related to certification and cancellation of clean hydrogen by grade, and requires those who produce, import, or sell clean hydrogen to report to the Minister of Trade, Industry and Energy. In order for this system to operate smoothly, the clean hydrogen Certification system must be designed to meet international standards, and the institution operating the System must have appropriate capabilities and foundations. The clean hydrogen certification system should serve as an opportunity for Korea's domestic energy industry to take a leap forward.

• Journal of Korean Society of Occupational and Environmental Hygiene
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• 제21권3호
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• pp.128-138
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• 2011

Objectives: It has been pointed out that there are problems in handling and managing chemicals due to trade secrets of Material Safety Data Sheet(MSDS). To date, some company intentionally leave out of several parts and use an inaccurate expression in MSDS. In particular, with the result of the inspection of the government and labour community, it is required that the 2nd section in MSDS included the composition and information on ingredients has to be provided with comprehensive expression to secure more reliability. Methods: Therefore, this study is aimed: 1) to recognize the current status of trade secrets of MSDS in workplaces with both domestic manufacturers of chemical products and multinational corporations; 2) to make contributions to prevention of the industrial accidents by providing the accurate information of MSDS; 3) to improve the risk communication system related with chemicals; 4) to impress workers on the importance of right of known for MSDS. With the result we analyzed the status of trade secrets in MSDS in 73 companies, such as petrochemistry production, paint production, metal processing oil production, detergent production, and international company related with chemicals, we have found that 38,150 (45.5%) have the trade secrets parts in the total number of 83,832 in MSDS. Also, based on the 288 MSDS gathered by the Occupational Safety and Health Research Institute (OSHRI) from 2005 to 2009, 41.7% of the MSDS are classified into the trade secrets. Conclusions: Therefore, to procure an assurance system of MSDS, we suggest that a MSDS picking up and checking system be legislated in the Occupational Safety and Health Act to protect workers from the unidentified chemical hazards due to the secret trade of MSDS.

• Korea Trade Review
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• 제43권6호
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• pp.139-160
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• 2018

The purpose of this paper is to analyze how governments determine interim measures based on relevant case studies. In most countries, the arbitral tribunal will recognize the interim measures, but china still recognizes the court's own authority. This is inconsistent with international trend. Although the Arbitration Act and the Civil Procedure Act were amended in 2017, but there is no consistency between these laws and arbitration rules for interim measures. Therefore, this paper analyzes the attitude of the Chinese government to interim measures and suggests practical implications for international arbitration dispute resolutions. Understanding the advantages and disadvantages of temporary measures and timely use in China can play an important role in protecting the rights of Korean companies in commercial arbitration.

• Journal of Korea Trade
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• 제26권1호
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• pp.81-98
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• 2022

Purpose - This study aims to compare the requirements under the United Nations Convention on Contract for the International Sales of Goods (CISG) and the Korean Civil Act (KCA) regarding the buyer's right to require the delivery of substitute goods. The buyer's right to demand substitute delivery not only protect them from the seller's breach of contract but also preserves the contractual bond between the parties by providing an opportunity for sellers to protect their goodwill and circumvent the extreme remedy of avoidance. However, as substitute delivery entails additional efforts and costs for return and re-shipment, this right should not be allowed in every case of defect. Additionally, unlike the CISG, the KCA contains no specific provision related to the requirements for claiming substitute delivery. Therefore, it would be meaningful to examine and compare what requirements should be fulfilled before the buyer exercises the right in relation to non-conforming goods under the CISG and the KCA. Design/methodology - We conducted a comparative study of the requirements under the CISG and the KCA regarding the buyer's right to require delivery of substitute goods given a seller's delivery of non-conforming goods. Additionally, we referred to the opinions from the CISG Advisory Council, the draft of the KCA amendment, and related precedents, mainly focusing on the existence and severity of defects, reasonableness, and timely notice and requests as the major requirements for substitute delivery. Findings - The results of this study can be summarized as follows: First, the CISG provides more detailed requirements about the right to require delivery of substitute goods; by contrast, the KCA does not stipulate any such requirement. Thus, specific requirements for substitute delivery should be included when amending the KCA. Second, the CISG attempts to minimize overlapping and conflict with other remedies by specifying detailed requirements for the delivery of substitutes. Third, both the CISG and KCA require reasonableness for substitute delivery. Originality/value - Although there are no explicit legal requirements for substitute delivery under the KCA, there has been relatively little discussion of this issue to date. Therefore, the findings of our study can guide future revisions of the KCA to fill this loophole. Moreover, the recently released CISG Advisory Council opinion that clarifies the continuing confusion and debate, can help distinguish which remedy is suitable for a particular case. It may provide practical advice for businesspeople in international trade as well as legal implications for the future development of the KCA.