• Journal of the Korea Institute of Information Security & Cryptology
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• v.25 no.3
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• pp.615-625
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• 2015

This paper proposes new methods and examples for improving fraud detection rules based on banking customer's transaction behaviors focused on anomaly detection method. This study investigates real example that FDS(Fraud Detection System) regards fraudulent transaction as legitimate transaction and figures out fraudulent types and transaction patterns. To understanding the cases that FDS regard legitimate transaction as fraudulent transaction, it investigates all transactions that requied additional authentications or outbound call. We infered additional facts to refine detection rules in progress of outbound calling and applied to existing detection rules to improve. The main results of this study is the following: (a) Type I error is decreased (b) Type II errors are also decreased. The major contribution of this paper is the improvement of effectiveness in detecting fraudulent transaction using transaction behaviors and providing a continuous method that elevate fraud detection rules.

• Journal of Arbitration Studies
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• v.12 no.1
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• pp.271-321
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• 2002

Every year, many million of business transactions take place. Ocassionally, disagreements develop over these business transactions. Many of these disputes are resolved by mediation, arbitration and out-of-court settlement options. The American Arbitration Association(AAA) helps resolve a wide range of disputes through mediation, arbitration, elections and other out-of-court settlement procedures. The AAA offers a broad range of dispute resolution services to business executives, attorneys, individuals, trade associations, unions, management, consumers, families, communities, and all level of governments. The 198,491 cases composed of the 194,303 arbitration cases and the 4,188 mediation cases, were filed with the AAA in 2000. These case filings represent a full range of matters, including commercial finance, construction, labor and employment, environmental, health care, insurance, real state, securities, and technology disputes. The Korean Commercial Arbitration Board (KCAB) does more than render arbitration services. It helps facilitate settlements and guarantee implementation thereof between trading partners at home and abroad involving disputes related to such areas as the sale of commodities, construction, joint venture agreements, technical assistance, agency agreements, and maritime transport. The 643 cases composed of the the 197 arbitration cases and the 446 mediation cases, were filed with the KCAB in 2001. There are some differences between the AAA and the KCAB regarding the number and the area of mediation and arbitration case filings, the breath of service offerings, the scope of alternative dispute resolution, and the education and training. In order to apply to the proceedings of the commercial mediation and arbitration, the AAA has the Commercial Mediation Rules, the Commercial Arbitration Rules, the Expedited Procedures, the Optional Procedures for Large, Complex Commerical Dispute, and the Optional Rules for Emergency Measures of Protection as amended and effective on September 1, 2000. In order to apply to the proceedings of commercial arbitration, the KCAB has the Arbitration Rules as amended by the Supreme Court on April 27, 2000, which have been changed to incorporate the revisions of the Arbitration Act that went into effect on December 31, 1999. There are some differences between the AAA's commercial Arbitration Rules and the KCAB's Arbitration Rules regarding the clauses of jurisdiction and administrative conference, number of arbitrators, communication with arbitrator, vacancies, preliminary hearing, exchange of information, oaths, evidence by affidavit and posthearing filing of documents or others, interim measures, serving of notice, form of award, scope of award, delivery of award to parties, modification of award, release of liability, administrative fees, neutral arbitrator's compensation, and expedited procedures. In conclusion, for the vitalization of KCAB and its ADR system, the following measures should be taken : the effective case management, the development of on0-line ADR, the establishment of ADR system of electronic commerce disputes, and the variety of dispute resolution rules in each expert field.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.25
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• pp.75-98
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• 2005

With the advent of new customs and practice of electronic records, the eUCP provides some useful guidance to accommodate the presentation of the paper documents electronically and also provides necessary rules to allow the UCP and eUCP to work together. There is no denying the fact that many of the UCP articles are not impacted by the presentation of electronic equivalent of paper documents, so the integrated application of the UCP and eUCP will be broad enough to allow for developing practice in this area. This study discusses some theoretical implication for efficient utilization of the global usages of letter of credit through the finding of optimal solution in the state of uncertainty caused by the electronic presentation of documents. This study suggest that the decision rules be developed to show how individuals choose optimal portfolio between the eUCP and the UCP that maximize their expected utility in letter of credit transaction, and also suggest that the optimal portfolio be determined at the point of tangency between the efficient trading line and the highest indifference curve in the mean-variance plane. This study finally recommends three rebuttable doctrines with regard to the relationship between the eUCP and UCP such as linkage characteristics, generation lap propensity, and homothetic application rule, which may be the critical standards for understanding of the integrated usages of the eUCP and UCP.

• International Commerce and Information Review
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• v.9 no.1
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• pp.149-168
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• 2007

e-Trade Payment system has been transformed by quickly and effectively. The e-trade Payment system such as TradeCard System, Bolero Surf, Identrus Eleanor and e-Escrow and e-letter of Credit issued by SWIFT System enable partly sellers, buyers and service providers. This paper studies for SWIFT, Surf, TradeCard, Eleanor, e-Escrow as international trade payment, As reason following : The First, Bolero is a neutral secure platform enabling paperless trading between exporter, importer, and their logistics service and bank partners, insurance company. The Second, TradeCard is to manage procurement-to-payment worldwide, that is exporter, importer and connected partners, paperless platform. The Third, Identrus is the global leader in trusted identity solutions, recognized by global financial institutions, commercial organizations and bank partners around the world. The Forth, Escrow payment have effect to L/C issue and enter into electronic contracts in internet bank. Trader practice use Escrow Bank as the same bank that rules to Issuing Bank and Advising Bank and payment, acceptance. This paper of these electronic payment have studies new international trade payment to approach such as eUCP rules and TradeCard System, Surf of bolero, eleanor of Identrus, SWIFT.

• East Asian Economic Review
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• v.26 no.1
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• pp.3-25
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• 2022

East Asia's Regional Comprehensive Economic Partnership (RCEP) came into force in 2022 as the world's largest free trade agreement. RCEP was concluded, signed and brought into force in the face of major international uncertainty and is a significant boost to the global trading system. RCEP brings Australia, China, Japan, South Korea and New Zealand into the same agreement with the ten member ASEAN group at its centre. It keeps markets open and updates trade and investment rules in East Asia, a major centre of global economic activity, at a time of rising protectionism when the WTO itself is under threat. The agreement builds on ASEAN's free trade agreements and strengthens ASEAN centrality. One of the pillars of RCEP is an economic cooperation agenda which has its antecedents in ASEAN's approach to bringing along its least developed members and builds on the experience of capacity building in APEC and technical cooperation under the ASEAN Australia-New Zealand Free Trade Agreement. There is an opportunity to create a framework that facilitates deeper economic cooperation that involves experience-sharing, extending RCEP's rules and membership at the same time as strengthening political cooperation. The paper suggests some areas that might be best suited to cooperation - that is confidence and trust building instead of or before negotiation - and discusses how non-members may be engaged and the membership expanded. Options such as multilateralising provisions and becoming a platform for policy convergence and coordinating unilateral reforms are canvassed.

• International Commerce and Information Review
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• v.5 no.1
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• pp.85-100
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• 2003

Legal rules applying to the commerce and international commerce in particular contracts, proper law, jurisdiction and so on, have improved with time and experience. Engaging in e-commerce on the World Wide Web may expose the company to the risk of being sued in any foreign country where Internet user can establish a legal claim. The modem law of contracts is highly sophisticated and difficult to understand. With contracts created in cyberspace, the basic rules are no difference that we can find. However, there are situations in e-commerce that are altogether new and to which the existing rules cannot apply. Here uncertainty and business risk is too high for trading partners to deal with certainty. Therefore existing law must change to e-commerce law so that it provides certainty and enforceability over e-commerce. UNCITRAL Working Group on Electronic Commerce prepared the Preliminary Draft Convention on [International] Contracts Concluded or Evidenced by Data Message from the thirty-ninth session in 2002 which applies to international contracts concluded or evidenced by means of data messages. An electronic contract is concluded when the acceptance of an offer becomes effective, and an offer becomes effective when it is received by the offeree, and an acceptance of an offer becomes effective when the indication of assent is received by the offeror according to this Convention. Electronic contract may be concluded by the interaction of an automated computer system and natural person or by the interaction of automated computer systems, and a contract formed by a natural person that accesses an automated computer system of another person has no legal effect in case the neutral person made a material error in a data message.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.65-84
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• 1999

During the past few decades, we have witnessed three approaches to overcome the legal disparities between trading countries: - determining the individual governing law in accordance with the conflict of laws principle; - unifying and harmonizing private international law into uniform rules and substantive laws under the auspices of ICC, UNCITRAL, UNIDROIT and various NGOs ; and - drafting model laws like the UNCITRAL Model Law on Electronic Commerce and promoting member countries to enact them. Against this backdrop, the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the process by which it was adopted, established the benchmark for the unification of commercial law. The CISG, completed in 1980, merged civil and common law concepts and came into force in 1988 after a certain number of countries endorsed the treaty. Besides the CISG, the U.N. Limitations Convention and the UNIDROIT Principles of International Commercial Law, to name a few, have attempted to set cross-border legal norms and standards in the international business transactions. However, since the advent of computer-based commerce, there have emerged all-out efforts to establish uniform rules before national legal systems have been developed. As a consequence, the Model Law on Electronic Commerce has become a specimen legislation covering functional equivalents of paper-based writing and signature. For the credit enhancement exemplified by the Uniform Rules for Demand Guarantees (ICC Publication No.458), the UNCITRAL prepared the U.N. Convention on Independent Guarantees and Stand-by Letters of Credit, which was adopted by the U.N. General Assembly in 1995 but remains still not effective as only two countries have ratified this treaty so far. In this connection, two draft conventions underway at UNIDROIT and UNCITRAL deserve our attention as the probability of unification in the Korean Peninsula is mounting. They are to create security interests for commercial finance in moveable equipment and accounts receivable. The UCC-type security rights are regarded to be useful to enable the North Koreans with limited properties to borrow from the banks.

• The Journal of Information Technology
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• v.7 no.1
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• pp.23-41
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• 2004

It is estimated that electronic commerce facilitates international trade and lower transaction cost and help firms make the best of the opportunities of market access. The comprehensive programs had been implemented to provide better electronic commerce environments by international organizations such as OECD, UNCITRAL, APEC, ICC and etc. Especially, WTO plays the most important role to implement efficient forms and rules on electronic commerce after Doha Ministerial Conference. Member countries recognize the need to conduct the electronic commerce in compliance with the principles and rules of WTO. However, there are many issues to be solved such as the clarifications of concepts and definitions, the possibility of adaptation of technological neutrality in GATS, the imposition of taxation in electronic commerce transactions and the methods of protecting copying as well as trademark. The Implementation of concrete forms and rules of electronic commerce in the WTO will be influential to international trade as the member countries have to adapt them in their transactions. Considering that further discussion will be continued in GATS, we need to analyze the problems and strategies for electronic commerce. As there are not concrete international laws for e-commerce, the existing laws must be revised and changed and each country need to present the enactment direction of e-commerce law to streamline e-commerce and to prevent trading partners from conflicting due to legal problems.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.46
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• pp.315-350
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• 2010

The rapid growth of Korea-China trade that was since the establishment of diplomatic relations in 1992, led China to surpass the United States and Japan to become Korea's largest trading partner in 2009. "The largest trade" also means "the most disputes", so it is essential to study on dispute settlement and enforcement system of the two. Therefore, in order to make the traders correctly understand and use the arbitration as a dispute settlement method in both China and Korea, this article makes a comparative study on arbitration system between the two countries. And finally, it analyzes the enforcement situation of arbitral award in China, then provides the author's personal recommendations as a countermeasure against the poor enforcement system in China.

• Journal of Electrical Engineering and Technology
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• v.1 no.1
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• pp.1-7
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• 2006

In an electricity market, the spot market is normally integrated with a forward or future market. The advantage of the forward market is to allow the market participants to deal in a part or the whole trading portfolio at a fix price in advance and to avoid risk associated to the uncertain price of the spot market. Japan has introduced a continuous auction base forward market from April 2005. This paper analyzes the Japanese forward market rules and operations, and introduces a new algorithm that may improve the efficiency of the market itself. The proposed algorithm enables us to give consideration to the specific characteristics of the power system and to integrate them in the auction mechanism. The benefits of the proposed algorithm are verified on an electronic simulation platform and the results described in this paper.