• 제목/요약/키워드: e-Trade Law

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전자무역 활용 및 서비스요인에 관한 연구 (A Study on the Application and Service Factors Confidence of e-Trade)

  • 임천혁;박남규
    • 무역상무연구
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    • 제43권
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    • pp.397-422
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    • 2009
  • Electronic trade reduces additional costs generated from the issuing and management of paper documents, and overcomes the physical limitations of commercial transactions as well as the geographical and time limitations resulting from trading with foreign countries. These characteristics of electronic trade guarantees better and more effective global marketing for companies. In addition, by expanding relative superiority of large corporations to medium-small sized companies, many medium-small companies have shown great interest in electronic trade to promote its exporting businesses, and implementing changes to facilitate electronic trade into their business system. Therefore, it is expected that the electronic trade will be more widely distributed and utilized by businesses of all sizes in the future. The adaptation and implementation of the electronic trade system can only have prosperous effects when there is a high efficiency in the utilization and service process of the concerned company. Under this premise, this research first examined electronic trade, characteristics of the company and information utilization as the key elements to determine the effectiveness of the utility aspect. Then it examines confirmation of product demand, registration of revenues, and authorization as the key elements to determine the level of service process.

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Online ADR for the E-Commerce? European Union's ADR Legislation for Cross-Border Online Trade

  • Chung, Ha-Sung
    • 한국중재학회지:중재연구
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    • 제25권3호
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    • pp.135-154
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    • 2015
  • The European Union has adopted the ADR Directive and ODR Regulation in 2013 with the purpose to strengthen the e-commerce within the EU. Not covered by these legislations is the trade in the B2B sector. The author examines the question of whether online ADR under the currently applicable legal framework would be possible in Germany. At the center of his review is the possibility of an arbitration clause which refers exclusively to an online ADR scheme, may be included in the General Terms and Conditions of an online trader.

기업간 전자상거래로의 시장환경 변화와 기업의 활로 모색 (The Change of Market Environment toward B-to-B E-Commerce and Groping Ways out of the Difficulties of Companies)

  • 최원익
    • 한국전자거래학회지
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    • 제6권3호
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    • pp.81-99
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    • 2001
  • The world is now meeting the era of e-commerce by development of information technology and the fast increase of use of internet. So, Korean government prepared "the colligation plan for electronic commerce activating" and WTO decides to prolong no custom on e-commerce till November 2001 when the fourth WTO Ministerial Conference holds a meeting. OECD discussed the construction of intellectual property rights of the global dimension at the Global Forum on January 2001 and reached to research the social influence of B-to-B e-commerce and to pursue the acceleration of e-commerce. UNCITRAL(United Nations Commission on International Trade Law) enacted UNCITRAL Model Law on Electronic Commerce in order to activate e-commerce, and Bolero.net serves electronic Bill of Lading to facilitate cyber trading. The purpose of this paper is to present the direction of confrontation to the these internal and external changes of business environment to Korean enterprises. Off-line enterprises should move fast to e-commerce on the condition that the existing trading at the original markets runs parallel with e-commerce. n needed, off-line enterprises should consider M&A with existing on-line firms. Also, off-line firms make use of Bolero system so that they can carry through paperless trade which means the achievement of efficiency in trading, On-line enterprises should advertise in the form of banner by combination of push and pull styles. B-to-B e-commerce firms should not depend on only the commissions, but they should create characteristic earnings by their peculiar services.

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「이스포츠(전자스포츠) 진흥에 관한 법률」 개정안 평가 및 개선 방안 제언 (Evaluation of Amendments to the Act on Promotion of e-Sports (Electronic Sports))

  • 이진우;김호철
    • 한국게임학회 논문지
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    • 제21권4호
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    • pp.13-24
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    • 2021
  • 최근 이스포츠법 개정안이 발의되었다. 본 연구는 이스포츠 산업의 특성으로 높은 접근성, 종목 불안정, 낮은 직업안정성, 치열한 경쟁, 정책적 지원 미흡을 도출하고, 이를 바탕으로 개정안을 분석하였다. 이스포츠법 개정안은 지역 이스포츠와 이스포츠 단체 및 선수를 지원할 근거를 마련한 의의가 있으나, 정책 시행을 위한 행정력에 대한 고려가 부족하고 선언적인 내용을 담고 있는 한계가 있다. 본 연구는 이를 개선하기 위한 방안으로 분쟁조정 대상 확대, 스포츠산업진흥법의 제도 도입, 사문화된 규정 시행, 이스포츠 선수의 직업안정성 향상을 제시하였다.

무역(貿易) e-Marketplace에 대한 사용자(使用者) 저항(抵抗)에 관한 연구(硏究) (An Empirical Study on the Factors of User Resistance in a Trade e-Marketplace)

  • 송선옥;박규영;오가영
    • 무역상무연구
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    • 제29권
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    • pp.89-119
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    • 2006
  • The almost studies that is related to an e-Trade and an e-Marketplace only have been focused on the diffusion and acceptance since the innovation was adopted in markets. The existing studies failed to notice the resistance of innovation in the course of accepting innovation. The resistance of innovation, however, is not the contrary concept of acceptance, it is should be understood as a construct which can explain the course of the diffusion and acceptance. This study will be analysed as follows: First, nevertheless the resistance of users is important, it couldn't be presented systematically through acceptance of innovation, accordingly the concept of resistance of innovation will derive concept from review of literature researched on prior researches. Second, the factors which can be affected to the resistance of innovation of the main trade firms which use the e-Marketplace will draw. Third, we identify some of determinants that can affect to resistance of user by empirical study, also we investigate how participation can be affected by using a contingency variable. The independent variables used through researched review are the characteristic factors of trade e-Marketplace which was consisted of relative advantage, suitability and complexity, the characteristic factors of trade firms which was consisted of propensity of innovation and attitude, and the characteristic of service quality which was consisted of reliability and reaction. This research also examines the association between independent variables and the resistance of user(dependent variable) by using a variable on participation of user(moderator variable). The sample surveys for this study have been used 109, this study was analysed by the SPSS 12.0 of statistical tool. According to the proved hypothesis there are three important factors which affected the resistance of user. One factor was the relative advantage and complexity from the point of view on the trade firms characteristics of e-marketplace, another factor was the propensity of innovation from the point of view on the trade firms factors, the third factor was the reliance from the point of view on the service quality factors. The results also provided that relative advantage and suitability among the characteristics of e-Marketplace and the reliability among the service quality characteristics have moderated in the moderated regression which was tested the association independent variables and dependent variables while participation of user was using for contingency variable.

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전자상거래무역 확산을 위한 법률개정방안에 관한 연구 (A Study on the Way to Amendment of the Law for Diffusion of CBEC)

  • 안병수
    • 통상정보연구
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    • 제19권1호
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    • pp.3-21
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    • 2017
  • 최근 급속히 확산되고 있는 '전자상거래무역' 혹은 '국경을 넘는 전자상거래(CBEC)'에 대하여 우리정부는 수출증대에 미치는 영향이 크다는 판단하에 적극적인 지원을 하고 있다. 그러나 다양한 부처에서 산발적으로 추진되는 지원은 효과적이지도 효율적이지도 못한 실정이다. 따라서 지원정책의 일관성과 효과성, 효율성을 높이기 위해서는 법률적으로 주무부처를 명확히 하고 타부처에 대하여는 협조의무를 부여하는 방안이 바람직하다. 이를 위해서는 기존에 부처별 업무영역에 따라 산재되어 있는 법률들을 각각 개정하거나 새로운 법률의 제정을 해야 한다. 그러나 이는 현실적으로 실행하기가 쉽지 않기 때문에 기존 법률 중 가장 유사한 영역을 규정하고 있는 '전자무역 촉진에 관한 법률'을 개정하는 것이 실현가능한 대안으로 판단된다. 본 연구에서는 CBEC를 확산하기 위하여 이 법률의 개정을 하는 것이 다른 방안에 비하여 합리적이라는 점을 다양한 문헌자료를 통하여 제시하여 우리나라 CBEC의 확산, 특히 CBEC 수출의 확대에 기여하는 것을 연구의 목적으로 삼는다.

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가맹계약분쟁과 중재에 관한 법적 문제 (Legal Issues on the Franchise Disputes and their Settlement by Arbitration)

  • 최영홍
    • 한국중재학회지:중재연구
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    • 제17권1호
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    • pp.57-75
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    • 2007
  • Ever since franchising emerged in the industry of distribution, it has been growing explosively in the U.S.A. and all other countries as well. It is a method of expanding a business by licensing independent businessman to sell the franchiser's products and/or services or to follow a format and trade style created by the franchiser using the franchiser's trade marks and trade names. Franchising is a form of business that touches upon many different areas of law including, but not limited to, general contract law, general principles of commercial law, law of intellectual property, competition law, fair trade practices law and other industry specific laws e.g., the Fair Practices in Franchising Act in Korea. Arbitration is a long established, legally recognized procedure for submitting disputes to an outside person(s), mutually selected by the parties, for a final and binding decision. Despite its merits as an alternative dispute resolution, it has been criticized, on the other hand, particularly by franchisees' attorneys on the ground that even though it is required to protect the franchisees against the enforcement of pre-dispute arbitration agreements because of the franchisees' paucity of bargaining power vis-a-vis the franchiser, arbitration cannot afford it. Until recently, however, little has been written about the legal issues pertaining to franchise agreement and arbitration clause contained therein in Korea. This treatise reviews the cases and arguments in relation to the subject especially of the U.S.A., which have been accumulated for decades. The issues addressed herein are the pre-emption by the FAA, the disputes to be arbitrated, the selection and qualification of arbitrators, the place of arbitration hearings and the evidentiary rules applicable, the expenses of arbitration, theory of fiduciary duty and the like, all of which are relevant to franchise agreement.

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전자무역 기반사업의 구현에 관한 연구 (A Study on the Realization of Infrastructure for Electronic Trade)

  • 이봉수
    • 통상정보연구
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    • 제12권1호
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    • pp.55-73
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    • 2010
  • The thesis examines new innovation of various aspect to overcome lots of problems which come by when we execute simplification of trade procedure and administration fairly. Practical implications regarding the innovation of electronic trade infrastructure are as follows. First, it will propel the standardization of electronic trade section in the technical side and the construction atmosphere of international authentication system must be created. The work process should be redesigned in order to implement export-import procedures that meet the relevant standards. Second, the improvement of system for electronic process is necessary in the law and institutional aspect. In order to eliminate any obstacles to the trade procedure, clearer legal grounds regarding legitimate controls and minimum necessity must be established. Also, laws should be revised to admit mutual recognition among certification organizations, in lieu of international agreement-based mutual recognition between government. Third, the detailed improvement for the integration of the electronic trade infrastructure will be demanded. Additionally, user-centered quality management protocols should be established via connections with the systems already existing in governmental bodies. Fourth, various trade institution should harmonized and interconnected with other partners through mutual cooperation for standardization of operational system. A system which can monitor and remotely diagnose and resolve system errors should be established to provide tailor-made service and improve operational efficiency. At the same time, it is necessary to build a cooperative system to share information and promote comprehensive management for efficient operation.

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글로벌무역인력 양성을 위한 합리적인 무역학 교과과정 개편방향에 관한 연구 (A Study on a Direction of Modification of the Trade and International Business Curriculum for Global Trade Expert)

  • 박광서;유광현
    • 무역상무연구
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    • 제37권
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    • pp.329-360
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    • 2008
  • In Korea, the major of international trade and business introduced in the 1960s to supply trade expert to trading companies, and the heyday of the trade major was in the 1980s. However the trade major fell into decay from the middle of 1990s. The purpose of trade education in university is to supply high qualified employees to societies and companies. The problem is that companies have difficuties for recruiting of trade expert, on the other hand university graduates have few job oppertunies. It has some discrepancies between education and field. The object of this paper is to propose a direction of modification of the trade and international business curriculum for global trade expert. We research international trade and business departments' curriculums of GTEP universities. GTEP stands for global trade expert incubating program started from 2006 which have charge of MOCIE and KITA. First, in the title of department, a lot of former researchers have taken up the position to return "Trade" or "International Trade". We think more important fact is not the title of department but the curriculum, so we insist on a harmony between the department title and curriculums. The focus of modification of curriculum is to educate global trade expert, so we need to know about global business environment and companies' needs also. Second, We propose the directions for modification of curriculum are "convergence" and "specialty". Trade major is a mixed study in nature and trade major try to treat lots of subjects such as trade, business adminstration, economics, international law, international commerce, logistics and marketing etc to catch up changing global business circumstanses and companies' needs. So convergence of adjacent field is very important in study and training. Specialty means selection and concentration strategy for global trade expert. It is difficult to learn every knowledge and skills for employer's needs in 4 years and 140 credits. A students who has studied basic subject in trade, management, economics can choose 1 or 2 specailty subject such as trade and e-commerce, global marketing, logistics and transportation, commerce and policy, servive trade, foreign language and cross culture etc. In concusion, the concept of convergence and specialty is not separation but harmony each other, so we propose to promote two concept together for modification of the trade and international business curriculum for training of global trade expert.

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전자신용장의 출현과 서류의 전자적 제시에 관한 고찰 (Emerging Electronic Documentary Credit and Electronic Presentation of Documents)

  • 강원진
    • 무역상무연구
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    • 제21권
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    • pp.73-97
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    • 2003
  • In this paper, I examined the trends of standardization and electronization of trade documents and SWIFT network. Also, I reviewed on emerging electronic documentary credit for electronic payment and electronic presentation of documents. New international trade customs and practices are being established and changed as a result of the growth of the Internet and other on-line networks. At the same time there is increasing pressure to move from existing paper-based documentary credit to electronic documentary credit. Several projects devoted to development of an electronic letter of credit infrastructure have recently been proposed such as Bolero, SWIFTNet, UNeDocs and eUCP, etc. Yet, little can be done until the presentation process is electrified between traders and banks. Also, interbank communication of letters of credit has long been electronic, mainly through the SWIFT. However, it is not functioned between applicant and beneficiary, although the solution of SWIFTNet has recently been developed. The Banking Commission of International Chamber of Commerce established a working group consisting of experts in the related fields to prepare the appropriate rules as a Supplement to UCP 500 for Electronic Presentation: eUCP. The eUCP will provide the necessary rules for the presentation of the electronic equivalents of paper documents under letters of credit. Some problems of electronic presentation under the eUCP, exist such as format, presentation of electronic records and the way of beneficiary's notice for completeness under the Article e5 if more than one record is to be presented electronically by third parties. Therefore, it is encouraged to provide more detailed guide for eUCP Article e5.

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