• 정보보호학회논문지
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• 제25권3호
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• pp.615-625
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• 2015

본 논문은 금융 사용자의 거래 행태를 반영한 이상거래 탐지 규칙 개선방안을 제시하고, 실제 적용된 사례를 분석하여 효과성을 검증하였다. 이상거래를 정상거래로 판단한 미탐분석은 전자금융사고 사례를 분석하여 사고유형과 거래행위를 파악하였고, 반대로 정상거래를 이상거래로 판단한 오탐 분석은 특정 기간 추가 인증 또는 차단 후 아웃바운드 안내 전화 실시 내역 전수 조사를 통해 수행하였다. 또한, 이상거래와 정상거래 행태 간 분류 기준을 정교화하기 위해 추가적인 탐지 규칙을 도출하였다. 특히, 아웃바운드 안내 전화 과정 중 탐지 규칙 정교화를 위한 추가 질의를 실시하여 금융 사용자의 거래 행태에 대한 다양한 통찰을 획득하였고, 이를 기반으로 기존 탐지규칙을 개선하였다. 그 결과 정상거래를 이상거래로 오탐하여 추가 인증 또는 차단하는 비율과 이상거래를 정상거래로 분류하여 실제 사고가 발생한 비율이 동시에 감소하였다. 본 논문에서 제안한 거래 행태에 기반한 이상거래 탐지 규칙 개선 방법은 이상거래 탐지의 효과성을 향상시키고 지속적인 탐지규칙 개선 방법론을 제공할 것으로 기대한다.

• 한국중재학회지:중재연구
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• 제12권1호
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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.

• 무역상무연구
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• 제25권
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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.

• 통상정보연구
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• 제9권1호
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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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• 제26권1호
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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.

• 통상정보연구
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• 제5권1호
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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.

• 무역상무연구
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• 제12권
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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.

• 정보학연구
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• 제7권1호
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• pp.23-41
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• 2004

전자상거래와 전자무역은 시간과 공간을 초월하는 사이버세계에서 수행되기 때문에 전통적인 상거래방식에 의하여 적용되는 법률과 제도만으로는 새로운 형태의 e-비즈니스 환경에 적용하기 어렵다. 따라서 전자게약, 운송서류의 전자문서화, 전자결제 등에 이용하기에는 많은 문제점을 해결하기 위하여 WTO, OECD, UNCITRAL, APEC, 국제상업회의소(ICC) 등과 같은 국제기구에서 전자상거래 활성화를 위한 방안을 모색하고 있다. 그 중에서 대표적인 것이 전자상거래에 관한 UNCITRAL모델법과 미국의 통일전자거래법(UETA) 및 통일컴퓨터정보거래법(UCITA) 등이 있다. 이와 같은 상황하에서 국제적으로 전자계약 관련 국제규범의 정립, 전자식 운송서류의 활성화 및 글로벌 전자결제시스템 개발 등이 이루어져야 하며, 국내적으로도 전자계약법제의 도입, 디지털재화와 관련된 거래법 제정, 전자유각증권의 발행과 유통과 관련된 법률제정 및 전자자금이체법의 제정 등이 이루어져야 할 것이다.

• 무역상무연구
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• 제46권
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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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• 제1권1호
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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.