• Journal of Arbitration Studies
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• v.18 no.1
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• pp.121-145
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• 2008

Northeast Asia is increasingly making a transition to distinctive and crucial region in the 21st Century and growing into one of world's top three economic spheres along with the EU and NAFTA. In 2003, Korean government announced the Northeast Asian economic hub country plan as an important agenda. As a means of coping with the changing global environment, Korean government designated Incheon in 2003 as the country's first Free Economic Zone ahead of Busan and Gwangyang Bay in the south of the country because Incheon has a geographical advantage linking North America and Europe with Incheon International Airport and Incheon Seaport. The purpose of this paper is to make research on establishment and operation of an arbitral body entitled ${\ulcorner}International Arbitration Center{\lrcorner}$ (IAC) within Incheon Free Economic Zone(IFEZ). For the purpose of this, the writer in this paper, reviewed the necessity of the IAC's establishment and its legal basis as well as the role and function of the Center. Also, the writer presented plans for how to operate the IAC and how to cooperate with the key arbitral organizations of foreign countries for the settlement promotion of commercial disputes including trade and investment. With development of the IFEZ, world-renowned enterprises will invest in the Incheon economic bloc and conduct economic activities, business operation, marketing, logistics, financing, etc. In this connection, diverse types of commercial disputes are expected to occur between foreign companies entering the IFEZ and Korean firms. In this connection, the Korean Commercial Arbitration Board(KCAB) has been operating its liaison office in the IFEZ since 2004. However, in view of the increasing arbitration demand, the IAC should be set up in the IFEZ in the near future by the positive support of the government in the respect of both administration and finance because the free economic zone-related law provides for the installation of arbitration organization. For the success of the IAC, the Center will have to provide not only good quality of arbitral services that can satisfy arbitration parties but also need to conduct researches and make efforts so that arbitration can be utilized well in the IFEZ. If the IFEZ can provide advantageous business environments to those multinational enterprises intending to the Incheon economic bloc, the IAC will also contribute to the settlement of commercial disputes arising from the Gaeseong Industrial Complex in North Korea in view of the geographical advantage and logistic benefit of the IFEZ. Finally, this paper also suggests a new model for a joint dispute resolution system by the initiative of Korean government and Korean arbitral organizations for the settlement of commercial disputes within Northeast Asia, for which the CAMCA(Commercial Arbitration and Mediation Center for the Americas) of NAFTA can be a good example.

• Journal of the Korean Data and Information Science Society
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• v.28 no.4
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• pp.853-862
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• 2017

In this study, we analyse the determinants of the youth employment rate of public agencies and local public enterprises. On the other hand the youth employment rate contains information of the youth employment rate and the size of the youth employment. We use pooled tobit model and panel tobit model since dependent variable is a censored form observed only in a certain area. The results of the analysis are summarized as follows. First, the panel tobit model is more statistically significant as compared to the combined tobit model. Second, the youth employment rate is more statistically significantly higher in 2014 and 2015 than in 2011. Third, the youth employment rate in public enterprises is more statistically significantly higher than that in local public agencies. Finally, the higher the average wage is, the lower the youth employment ratio is.

• Journal of Distribution Science
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• v.15 no.8
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• pp.75-86
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• 2017

Purpose - The online-to-offline (O2O) business model has brought considerable changes to the traditional Chinese business model. The main difference between O2O and pure online consumption is that O2O offers a richer experience and word-of-mouth. it is easier to trigger online word-of-mouth. However, few scholars have been concerned about the impact of experiential value on customer satisfaction and online word-of-mouth (e-WOM) in the study of O2O. This study takes the O2O business model in China's catering industry as its research object and uses structural equation modelling to analyze the impact of online and offline experiential values on customer satisfaction and e-WOM. Research design, data, and methodology - According to previous researches, consumer experiential value is mainly divided into return on investment (economy and efficiency), service excellence, playfulness and aesthetics. According to the characteristics of O2O in China's catering industry, this study divides the online experience value into efficiency and economy (return on investment). The offline part is divided into return on investment (economy and efficiency), service excellence, playfulness and aesthetics. Using a web-based survey, we collected 303 valid samples. Structural equation modelling was used to create the research model. Results - The results show that efficiency (online) and service excellence (offline) have a significant effect on customer satisfaction. Economics (online) and playfulness (offline) have a positive impact on customers' e-WOM. In addition, the higher the customer satisfaction, the greater the positive impact on the spread by word of mouth. However, aesthetic(offline) and return on investment(offline) have no significant impact to customer satisfaction and e-WOM. Conclusions - The study findings show that the key to boost customer satisfaction in the catering industry is to improve product quality and service. Although traditional competitive strategies such as online discount have been questioned by many scholars about their decreasing effectiveness, they are indispensable means to attract online traffic and trigger e-WOM. The traditional enterprises can reconstruct traditional business processes through the O2O model to effectively improve customer satisfaction and word of mouth by improving the experiential value of economy and efficiency. Additionally, it can be used as the natural advantages of online communication to induce customers to engage in word of mouth and attract more potential customers.

• International Commerce and Information Review
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• v.17 no.3
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• pp.203-222
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• 2015

Papers in FTA research have mostly focused on the legal interpretation of the FTA treaties. In this research, more focus was put on the customs laws and related cases delivered in the U.S. federal courts, by which we can analyze the Korea-U.S. FTA in more practical manner to derive the enterprises' solutions to cope with the disputes of FTA preferential duty. The Tariff Act of 1930 is the U.S. customs law to govern FTA preferential duties. The administrative practices with customs duties are coordinated with the FTA rules. The most controversial issue in the U.S. customs law lies in the classification of imported goods for imposition of the customs duties, based on Harmonized Tariff Schedule of the United States. It was found that the U.S. federal courts had been quite favorable to the CBP(U.S. Customs and Border Protections) in litigation with the private importers and exporters. The reason seems to be that the CBP has been dealing with the customs cases so many times, accumulating much experience in execution of the U.S. customs laws, which is likely to make their decisions on customs duties almost free of errors. Therefore, the Korean exporters need to collect the CBP's past cases on the denial of preferential treatment on imported goods and be fully informed of the CBP's policies on the FTA preferential duty treatment.

• International Commerce and Information Review
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• v.18 no.3
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• pp.181-201
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• 2016

In this study, transaction cost approach was applied to analysis on direct export determinants of SMEs by using key attributes of transactions, asset specificity, environmental uncertainty, frequency and marketing capability, with a parameter of opportunism. Typical Transaction Cost Analysis theory explains that when transaction cost with business channels(whether it is for buy or sell) increase, the firms integrate the channels. So it is a choice made by firms regarding direct versus indirect channels. The theory was extended to a model of choice of institutional form of direct or indirect export by a norm of opportunism in this empirical study. The survey result showed that lower level of asset specificity and marketing capability or higher level of environmental uncertainty were likely to expose indirect exporters to higher level of opportunism of direct exporter. And we also saw that indirect exporters were likely to choose direct export chanel when opportunism of exporters was higher. From the standpoint of theory, we can say that the basic propositions of the Transaction Cost Analysis, except the attribute of frequency, are supported. This study result could provide a profiling of target business areas and firms for government's policy on direct export promotion of SMEs.

• Korean Business Review
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• v.12
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• pp.209-237
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• 1999

With the increasing speed of internationalization of corporations under WTO system foreign direct investment is considered as the important means of international cooperation as well as avoiding trade barrier. From this point of view the study on foreign direct investment of Korean corporations is of great importance. Many studies till now, however, are concerned with the macroscopic analysis of foreign direct investment of Korean corporations, not with the establishment of strategy appropriate to the environment of host country and the investment performance. In order to meet the problems mentioned above this thesis aims at accomplishing the following three tasks. (1) synthetic assessment of existing theories of foreign direct investment. (2) systematic adjustment of factors of environment in the foreign direct investment activities. (3) analysis of above factors in the foreign direct investment of Korean textile industry and proper proposal of strategic model for the individual corporation. The results of analysis according to the aim of the study are as follows: (1) To lead foreign direct investment successfully, variable and effective information-presentation should be offered with priority. (2) The investment strategy through regional diversification is required. (3) The localization of decision making has to be attempted assertively. (4) The global network system is needed for more recommendable foreign direct investment. (5) More aggressive and outgoing attitude like developing into the local market and obtaining the high-technology is desperately needed.

• Journal of Korea Port Economic Association
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• v.24 no.2
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• pp.43-69
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• 2008

The labor contract Law has been prepared as an important solution for social stability. After long disputes around the orientations of the law, On June 29, 2007, the new Chinese labor contract law is passed. This law reflects the changing labor relations because of economic reforms like restructuring of the state-owned enterprises and so on. This law contains more market-oriented clauses that are supplemented by corporatist scheme supported by trade unions than the first draft. This law emphasize labor's rights and interests to remove prior labor contract problem. So Chines government see this law as standard law to restructure social relationship and also require firms to corporate social responsibility. Therefore, implementation of the new Chinese labor contract law bring about increasing labor cost, infringement of autonomy for human resource management, rigidity of industrial relations. Under these situation, Korean shipping and port logistics companies need to introduce management system of minimized employment, prepare human resource management in response to long-term employment, maintain favor relationship with trade union, and set up counteiplan about risk of a labor dispute.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.57
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• pp.283-303
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• 2013

When a trade conflict arises related to an officially supported export credit programme, The World Trade Organization(WTO), decides on whether the programme is a forbidden subsidy stipulated in the Agreement on Subsidies and Countervailing Measures(the ASCM Agreement). Korea was taken to the WTO panel two times for the export credit programme. One is the semiconductor case in 2002 and the other was the shipbuilding disputes in 2004. And, In 2012, the U.S. Commerce Department ruled K-SURE's export insurance for Korean refrigerator manufacturers as a forbidden subsidy even if the case was not taken to the WTO. This paper examines the significance of export credit programmes on the WTO ASCM Agreement and discusses how to operate these programmes so they would not infringe upon the Agreement by analyzing the actual cases of WTO subsidy conflicts that involved Korean enterprises in relation to export credit programmes for the purpose of determining the related issues and impacts. From this research the results were as follows: First, on whether export credit is a prohibited subsidy, the deciding factor was whether a benefit has been conferred to the beneficiary. On the presence of a benefit, the WTO panel used market benchmarks as the main criteria. Thus, official export credit agencies(ECAs) should be careful not to provide export credit support which had been granted to the beneficiary at better than market terms. Second, in the case of export credit, the special status of ECA as a public body receiving government support itself does not constitute a subsidy. However, caution must be taken not to provide export credit that may lead to WTO ASCM subsidy conflicts involving a certain exporter or industry by setting up clear and valid regulations and fair work processes in the operation of export credit programmes. Third, item (j) of Annex I cannot be interpreted reversely as this item is for interpreting the presence of a prohibited subsidy, not the presence of a benefit. Thus, an export credit program that confers a financial contribution, a benefit and specificity, could qualify as a prohibited subsidy. Fourth, ECAs not only have to maintain long-term account balance but also introduce additional measures to meet this long-term balance such as a clear and systematic premium system. Finally, export credit programmes that are not defined in item (j) of Annex I of the ASCM Agreement would not deemed as an prohibited export subsidy as long as the continued support of the programmes are not being forced.

• Journal of Arbitration Studies
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• v.15 no.1
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• pp.3-26
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• 2005

Since the Agreement on Commercial Arbitration was signed by the Governments of South and North Korea last year, there has been quite a few discussions on the way for implementing the Agreement in both public and private sectors. The Department of Justice of South Korea was quite active in making the draft of arbitration rules representing the South Korean views in alliance with the Department of Reunification of South Korea and recently held an informal seminar to preview their draft. On the other hand, the Korea Arbitration Association, a main body of commercial arbitration which are composed of professors and lawyers, were carefully watching the steps and the draft made by the Department of Justice. The reasons are to assure that not only shall the commercial arbitration rules comply with comment norms of international arbitration but shall it be made to meet the needs of enterprises investing in the Special Economic District of Kaesung City in North Korea. The concerns of the Korea Arbitration Association can be accomplished if the Department of Justice would modify the provisions pointed out in the seminars. Five general principles shall be brought into the attention in promulgating the commercial arbitration rules. First, it should comply with the Agreement on Commercial Arbitration signed by South and North Korea. Second, it should accept common rules contained in UNCITRAL arbitration rules. Third, it should boost the promptness of proceedings when a case was filed. Fourth, it should feature unique aspects of trade between South Korea and Korea by differentiating it from purely international trade between a country and a country. Lastly, it should combine the respective rules of both South and North Korea, currently in effect. With the above five principles accomplished, it should be noted that the Agreement on Commercial Arbitration the upper authority of arbitration rules, mandates the following features. It declared that arbitration be processed by three arbitrators. Single arbitrator is not permitted. Arbitration can be adopted even if an arbitration clause does not exist in an agreement by the parties, provided that the dispute arose out of the scope of the Agreement on investment Guarantee signed by South Korea and North Korea. It excluded quick and simplified procedures even if the amount of claim in arbitration is minimal. All the procedures should take a formal procedure. It let the double administration offices operate. One is to sit in Seoul of South Korea and the other is to sit in Pyongyang of North Korea. This would intimidate the fastness of procedures. With the above principles and the features considered, each provision in the draft by the Department of Justice should be reviewed and suggested for change.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.70
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• pp.159-179
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• 2016

Companies do not be resolved by the FTA services of external aid should be operational by assigning dedicated personnel inside the company. FTA is a choice, not an essential trade agreement requirements. If the exporter contracts to provide a certificate of origin in trade agreements, it shall issue a certificate of origin of goods originating management is performed. When considering the future trend of spreading wide FTA, it should be extended to one year to take advantage of the FTA Certificate of Origin environments utilizing a comprehensive environment for regional countries that require proof of origin between certain countries, such as current. FTA utilization of the future is to utilize the GVC(Global Value Chain) efficiently. In other words, the expansion of the consumer market and take advantage of an efficient production base across borders. These environmental changes are needed development of the FTA utilization promotion and FTA experts. The experts studying how to procure raw materials or intermediate goods exports in a variety of regional foreign countries, to meet the rules of origin is required for a successful FTA utilization. One of the objectives of Origin managers are qualified experts in the country of origin can take advantage of the FTA plan. Therefore, managers of origin shall collect their ability to expand the understanding and information about the industry as an international business perspective beyond the Certificate of Origin. In addition, it should be in their best learning expertise for the introduction and development of country of origin control system in an effort to effectively perform its international FTA utilization. Once the FTA is more widespread in the future and build a common origin information it must not be disconnected until the export enterprises from terminal manufacturers systematically. Therefore origin management is preferred by expanding the knowledge base of teaching and learning in the common sense to the universal subject of specialization from professional schools to promote the relevant departments so that they can be opened in a college or university. An FTA hub linking East and West, also need the confidence that in order to become a center of Glabal Supply Chain Using an FTA Certificate of Origin and stable environment for importers to import products from the country offers. Certificate of Origin and all of them thoroughly exporters and companies related to the administration of origin and should create an atmosphere that can effectively respond to the origin verification. Korea shall endeavor to elicit a geopolitical value (FTA Hub), as well as securing a competitive advantage in the global industry leverage, trading at a reasonable price competitive products thereby enhancing production and economic growth through the FTA.