• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.239-258
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• 2018

The purpose of this study is to examine the legal standards of agreements on the origin of liability and the relevant laws in Korea, to suggest implications for custom authorities and traders wishing to benefit from preferential tariff via FTA, citing the excluded cases of related FTA preferences (court cases and administrative judgments). In order to examine the provisions related to supporting evidence of the origin of liability in FTA, we examined FTAs agreed between Korea and EU, EFTA, ASEAN, U.S., and India relevant to FTA Special Customs Act, court cases and administrative judgements. If verifying the origin to protect the fair trade order impedes to promote utilizing FTA, solutions will need to be suggested. If FTA preference is exempted due to verifying the origin by the import customs authorities, the importer shall pay the income tax calculated in accordance with the general tax rate. This is because the certificate of origin confirmed during verification process is different from the actual origin. In most agreements, the exporter (the producer) shall issue the certificate of origin and since the importer has no other option than obtaining the certificate of origin from the exporter, it may face consequences such as declined credibility from the custom authorities in addition to being disqualified for FTA preferential, if the certificate of origin received from the exporter has flaws. On the other hand, the exporter cannot help but being punished by the customs authorities due to issuing defective origin certificates, but it doesn't have conventionary liabilities for damages incurred to the importer. As a result, importers are forced to pursue legal proceedings to claim damages to exporters or to give up FTA preference. As FTA is increasingly utilized, the number and amount of origin verification in Korea has continuously been increasing while administrative judgements indicates other FTA exporters doesn't seem to gain any support in utilizing FTA like Korea does. It has been 8 years since full-scale supports in FTA launched and now is the time to introduce more efficient and intensive FTA support system In this regard, it is desirable to conduct comprehensive verification on export Next, an institutions that assures FTA-based exports should be established in order to compensate the importer's damages that may occur from disqualified certificate of origin issued by the exporter.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.103-141
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• 2017

The (Korean) Medical Services Act revised in 2009 introduces the accreditation of specialty hospital. When a hospital meets prescribed standards, passes a board review, and is accredited as a specialty hospital by the Minister of Health and Welfare, then it may use 'specialty hospital' in its name and certification mark of specialty hospital. The problem is that the (Korean) Fair Trade Commission and the (Korean) Ministry of Health and Welfare, both of which have authorities to regulate advertising in general and in health care service in turn, announced the guidelines to prohibit internet (portal) service providers to provide keyword search ads service using key-words such as 'specialty' or 'specialized in' for those who are not accredited by the Minister of Health and Welfare. In this article, whether these guidelines can be justified by the current regime and whether the current specialty hospital policy is agreeable would be examined. To do this, the legal nature of accreditation of specialty hospital, the limit of advertisement regulation, the law of keyword search ads, and the liability of internet service providers also would be analyzed.

• Journal of Nutrition and Health
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• v.42 no.2
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• pp.183-188
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• 2009

There has been a need to update the current Codex nutrient reference values (NRVs) which had been established following the Helsinki Consultation in 1988. The main purposes of NRVs are to help consumers compare the nutrient content of different food products and estimate the usefulness of a food product in terms of its percentage contribution to the overall healthful diets. The establishment of Codex NRVs for labelling purposes is intended to facilitate the goals of protecting consumers' health and ensuring fair practices in food trade. When revising the Codex NRVs several issues are needed to discussed, which are: 1) Consideration of population groups whether to have one set of NRVs for general population or to have several sets of NRVs for each population groups, 2) Determination of scope of nutrients such as what nutrients to include and what reference values to choose and 3) Development of principles for establishing NRVs such as the selection of suitable reference values among many including recommended intake/recommended dietary allowances, estimated average requirement and upper levels to extract NRVs. This paper will discuss the above issues and the inputs and efforts that the Korean Nutrition Society had put into to carry out the project, "International Collaboration on the Revision and Addition of the Codex Nutrient Reference Values for Food Labelling Purposes," and to ascertain relevant scientific principles and evidences that are utilized for establishment and revision of the Codex NRVs.

• Journal of the Korean Society of Food Science and Nutrition
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• v.37 no.11
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• pp.1515-1522
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• 2008

Monitoring the pesticide residues in agricultural products is essential to protect consumers, obtain data for risk assessment, and ensure fair trade practices. We developed a multi-residue method for the analysis of 37 pesticides with different physico-chemical properties in agricultural products and analyzed the amount of pesticide residues on about 1,000 samples circulated in South Korea. The samples consisted of 26 different types of agricultural products selected at markets in 14 major cities; cereals (2 species), nuts (1 species) potatoes (1 species), beans (2 species), fruits (3 species), vegetables (16 species), and mushrooms (1 species). In this study, residual pesticides were detected in 23 samples (2.2%) and one sample was detected to be over maximum residue limits (MRLs, 0.1%) for pesticides in foods by the Korea food code. In leafy vegetables such as pepper leaves, radish leaves, cham-na-mul, shin-sun-cho, crown daisy, chwi-na-mul and citrus fruits such as kumquat, 8 kinds of pesticides were detected. Specially, diazinon were detected over MRLs and also, endosulfan, ethoprophos and phenthoate were detected frequently. Based on these results, we investigated the risk assesment from amount of residual pesticide, total %ADI was 1.262%, but the value has not effected on human health.

• Asia-Pacific Journal of Business Venturing and Entrepreneurship
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• v.13 no.5
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• pp.87-102
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• 2018

The purpose of this study is to determine the impact of food service franchise's support system on franchisee's trust, financial performance and intention of multi-store operation. For this purpose, the results of the survey were collected for 111 small and mid-sized food service franchisees in Korea with less than 100 brand franchises, referring to article 9 of the act on Fair Trade. Structural equation model analysis was used for hypothesis testing. The results of the study are as follows; First, a support for store development, education, logistics, and supervisors among franchise's support system were found to have a significant impact on the franchisee's trust, but public relations support was not significantly affected. Second, a support for store development had significant influence on the financial performance, but the support for education, logistics, supervisors and public relations did not significantly affect the financial performance. Third, franchisee's trust has been shown to have a significant impact on financial performance and intention of multi-store operation. Fourth, financial performance was shown to have a significant impact on the intention of multi-store operation. Finally, confirming the mediated effects of financial performance on the effect of franchisee's trust and intention of multi-store operations also proved to have indirect effects. This study identified the impact relationship between the small and medium-sized food service franchise support system, franchisee's trust, financial performance and intention of multi-store operation. In particular, it is deemed meaningful that the performance of Korea's small and medium-sized food service franchises and the relationship of influence that can grow together through the qualitative growth of the franchise's system.

• Korean Journal of Veterinary Research
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• v.46 no.4
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• pp.295-304
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• 2006

Residual materials such as veterinary drugs, environmental contaminants, and pesticides are affecting food safety. High resolution techniques and quality controls are needed to analyze these materials from part per million to part per trillion quantities in food. In order to achieve quality results, standardized methods and techniques are required. Our laboratories were prepared to obtain a certificate of accreditation for ISO/IEC 17025 in the analytical criteria of animal drugs, dioxins, pesticides, and heavy metals. ISO together with IEC has built a strategic partnership with the World Trade Organization with the common goal of promoting a free and fair global trading system. ISO collaborates with the United Nations Organization and its specialized agencies and commissions, particularly those involved in the harmonization of regulations and public policies including the World Health Organization and CODEX Alimentarius for food safety measurement, management and traceability. Our goal was to have high quality analysts, proper analytical methods, good laboratory facilities, and safety systems within guidelines of ISO/IEC 17025. All staff members took requirement exams. We applied proficiency tests in the analysis of veterinary drugs (nitrofuran metabolites, sulfonamide and tetracyclines), dioxins, organophosphorus pesticides, and heavy metals (Cd, Pb, As) to the Food Analysis Performance Assessment Scheme (FAPAS) at Central Science Laboratory, Department for Environment Food and Rural Affairs (DEFRA), England. The results were very satisfactory. All documents were prepared, including system management, laboratory management, standard operational procedures for testing, reporting, and more. The criteria encompassed the requirements of ISO/IEC 17025:1999. Finally, the Korea Laboratory Accreditation Scheme (KOLAS) accredited our testing laboratories in accordance with the provisions of Article 23 of the National Standards Act. The accreditation will give us the benefit of becoming a regional reference laboratory in Asia.

• Journal of Internet Computing and Services
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• v.18 no.6
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• pp.137-144
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• 2017

A variety of customized marketing strategies are being implemented in the telecommunications market, including the offering of gifts to consumers, as competition in the market is being restructured with the focus on bundled products. However, the Korea Communications Commission (KCC) has recently imposed fines for user discrimination on telecommunication carriers whose marketing strategies have included the award of excessive prizes. In that regard, various issues related to the suitability and appropriate limit of the current gift regulation in the telecommunications market have been raised. Since the Fair Trade Commission, which had a similar scheme to that of the KCC, abolished the regulation on gifts in July 2016, disputes have arisen as to whether the current regulation on gifts is practically effective from the perspective of consumer benefit. In other words, discussions on the rationality of the theoretical and empirical grounds for the regulation on gifts only in the telecommunication market but not in other commodities markets have begun. As such, this study aims to empirically analyze the suitability of the current regulation on gifts in the domestic telecommunications market under the new competitive environment centered on bundled products, and to seek the rational improvement of, and infer the implications for, the regulation on gifts in the telecommunications market based on the results of the analysis.

• The Korean Journal of Air & Space Law and Policy
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• v.1
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• pp.125-146
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• 1989

This paper is examine the problems of U.S.-Korea Air Service Agreement and recommend some directions for its improvement under the rapidly changing circumstance and growing importance of Korean penisula. Since the provisional agreement of 1949, U.S. -Korea Air Service Agreement has consistently been favorable to U.S. side. Fair and equal opportunity is the principle and basis of the bilateral air agreement. Notwithstanding such principle, it is only the U.S. carriers who can freely enter into any market, under the discretion of business strategy, while Korean carrier can serve only three points including Honolulu. In an effort to recitify such serious imbalance, Korea continuousely requested additional rights and has given utmost efforts to accommodate requests made by U.S. carries without much success. When we review aviation market between Korea and U.S. under the present agreement, Korea is fully open to U.S. carries as they can connect from any or all points in the U.S. via any or all points in Korea and all points beyond Korea. Increased number of U.S. carriers are enjoying greater utilization of the opportunity accorded them. Four(4) U.S. carries now operate to Korea using thirteen(13) gateway points and about one hundred fifty(150) on-line points in the U.S. such imbalance can be well understood when we review the exchange of traffic rights between the U.S. and the Pacific rim countries. During the yeras following the 1978 agreement with Korea, the U.S. proceeded to sign liberal agreements with Thailand, Taiwan, Singapore and the Phillipines. In exchange, the U.S. granted the four Pacific rim countries substantially greater rights than were granted to Korea, although Korea was the first Asian nation to sign a pro-competitive aviation agreement which granted U.S. carriers unrestricted market access and pricing flexibility. Moreover, Korea ranks the 2nd trading and tourist partner to the U.S. among the Pacific rim countries (Japan is the largest partner to the U.S. in terms of both trade and tourist market). In this paper such problems in the Korea-U.S. Air Services Agreement are analyzed in terms of historical perspective, U.S. Aviation policy, imbalance status in detail cases, discrimination to Korea comparing to other Asian countries, and theoretical application. And further it discusses current aviation issues between Korea and U.S. such as the ratification of 1980 MOU and various doing business issues of U.S. carriers in Korea. Finally, this paper concludes the analysis and suggests some directions to improve and rectify the problems and imbalance of U.S.-Korea Air Services Agreement in question.

• Culinary science and hospitality research
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• v.19 no.5
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• pp.264-279
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• 2013

This study aimed to analyze the differences between the types of disputes in food service franchises and the relevant corporate information. For this aim, the types of disputes were analyzed on the basis of the cases reported by the Korea Fair Trade Commission, and whether there are any differences from the relevant corporate information was analyzed using SPSS WIN(V.17.0). According to analysis results, the most often seen types of disputes were failure to provide the information disclosure sheet (58.5%) and failure to deposit franchising fee (15.1%). In Kruskal-Wallis test between the type of disputes and related corporate information variables, significant difference was found under significance level p<.05 for sales volume, the establishment period and the number of franchisees, and under p<.1 for the number of full-time employees. In correlation coefficient, the establishment period, the number of full-time employees and the number of franchisees showed positive correlation(p<.05), and the number of full-time employees showed correlation in the number of franchisees and the number of brands under the significance level p<.05. As a solution for the dispute, there should be franchisors' responsibility to comply with the principle of good faith, the authorities' strengthening exemplary transaction criteria and legal systems, as well as experts' consulting for prospective franchisees prior to establishing business.

• Korean Journal of Construction Engineering and Management
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• v.10 no.6
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• pp.107-116
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• 2009

As the Fundamentals of Construction Business Act was revised in December 2004 and its implementing ordinances and enforcement regulations were adjusted in June 2005, the screening system of low price subcontracting has been an obligation to the public owners, having brought about arguments for and against since it enacted in 1983. The statutes for low price subcontracting have been reinforced from this year; for example, it underlines to submit to a project and builds an information network of subcontracting works. The system's original intention was that prevents shoddy and fraudulent constructions caused by low price subcontracting and precludes disturbances of fair trade by screening that whether it satisfies the conditions or not in advance. But, the criterion for the existing low price subcontracting has several issues having held up a true mirror to the real situation. It is arguable to discharge an important task with the primary purpose. This dissertation have researched the problem with a deposit of subcontract and the low price subcontracting basic rate are being used by the criteria for deciding whether it is a low price subcontracting or not, so showing the plan of reformation based on the findings, it wishes to contribute toward making the most of the system's essential intent.