• International Commerce and Information Review
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• v.2 no.1
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• pp.49-68
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• 2009

In 2003, the Uniform Commercial Code(UCC) which is a kind of model law to unify commercial law between several states in US was amended to use electronic document of title including bill of lading. It is the second following the Australia legislation in 1996. Also, the Korean government amended Commercial Act and made the Presidential Decree for using electronic bill of lading in 2008. In this paper the authors reveal the characteristics of the clause of UCC for electronic bill of lading. The characteristics of the clause are on the technical neutrality of the signature, the possibility of reissuance in alternative medium, and adoption of the concept of "control." It helps to suggest some implications for Korean government authority. The authors suggest the amendment of the Presidential Decree to the Korean government authority to use additionally digital signature authorized by non Korean government such as VeriSign. It will activate the use of electronic bill of lading issued by Korea repositary out of Korea.

• International Commerce and Information Review
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• v.11 no.2
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• pp.281-300
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• 2009

In 2003, the Uniform Commercial Code(UCC) which is a kind of model law to unify commercial law between several states in US was amended to use electronic document of title including bill of lading. It is the second following the Australia legislation in 1996. Also, the Korean government amended Commercial Act and made the Presidential Decree for using electronic bill of lading in 2008. In this paper the authors reveal the characteristics of the clause of UCC for electronic bill of lading. The characteristics of the clause are on the technical neutrality of the signature, the possibility of reissuance in alternative medium, and adoption of the concept of "control." It helps to suggest some implications for Korean government authority. The authors suggest the amendment of the Presidential Decree to the Korean government authority to use additionally digital signature authorized by non Korean government such as VeriSign. It will activate the use of electronic bill of lading issued by Korea repositary out of Korea.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.31
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• pp.137-153
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• 2006

The thesis examines the problems for innovation of export and import conditions and shows the various ways of overcoming them. The alternatives of export and import conditions are as follows. First, the government body including customs service should participate on positive lines for the construction of single window and standardization of the required documents. Second, it is required the development of efficient connection system among exporter and importer, customs service, requirement confirmation agency etc. to contribute the simplification of a operation. Therefore this research is intended to improve understanding of changes for innovation and to contribute in support basis, operation structure, legal and institutional side. Practical implications regarding the innovation of export and import conditions for electronic trade are discussed.

• International Commerce and Information Review
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• v.9 no.4
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• pp.177-198
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• 2007

Since 1970s, there are many tries to realize electronic bills of lading(e-B/L) in the world and great attention has been shown to the question of law, international trade customs and realizing strategy concerned that instrument. However that tries, include Bolero which is most famous company serving e-B/L, don't succeed yet. Meanwhile, Korean government amended commercial code in order to realize e-B/L on August 3, 2007. Also The Korea Paperless Trade Center set to develop the e-B/L system by spring of 2008. So far, however, no definitive answer has been given to the way of realization of e-B/L in Korea. Getting bigger the importance of analysis to the ways of realization of e-B/L in Korea, in this paper the author attempt to examine the requirements after briefly outlining and analysing the results and problems of the tries and suggest thereby policy and strategy about the realization classified three categories.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.70
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• pp.135-157
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• 2016

Globalization of consumption, expansion of cross border e-trade, increase use of internet and mobile have led to rapid growth of world e-commerce particularly in Asia and emerging markets. Impacted by Korean wave, online export is continuously increasing, yet Korea is experiencing severe e-commerce trade imbalance. Export growth rate and ratio of Korean small companies are relatively low from OECD member countries. Therefore, Korean government is currently emphasizing on vitalization of online export to China to resolve trade imbalance and to increase export of small companies. To propose detail measures to vitalize online export to China, this study is focused on export customs clearance procedure of Korea and import customs clearance procedure of China in view of online export company. Also suggested countermeasure plan and analysis for the new tax revision plan related to e-commerce which implemented on April 8th 2016. This study have grouped countermeasure plan by short term plan of firms and long term plan of the government. As for the short-term countermeasure plan for firms, first, comparison analysis of tax rate on products is need to decide type of e-commerce strategy; second, if planning to start e-commerce business to China, sales possibility and certification check is necessary; third, through preparation of customs clearance document is needed; last in order to obtain price competitiveness, new logistics strategy and packing development is required. As for the long-term countermeasure plan for the government, I have suggested cooperated bonded logistics service for small businesses and operation plan of show room for promising Korean products.

• Korea Trade Review
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• v.46 no.3
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• pp.99-117
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• 2021

Korea's FTA e-commerce regulations are evolving into a standardized norm. However, "location of computing facilities", which was not covered by Korea's existing FTA, was newly established in Korea's first Mega FTA, RCEP. China, a member of RCEP, restricts data movement and requires data localization through its Cybersecurity law. These facts have led to start this study with interest in data-related regulations. It examined country-specific and regulatory characteristics in the process of forming digital trade norms, using the TAPED established by Burri et al. (2020). It also analyzed the current status of introducing norms related to 'data flow', 'data localization' and 'data protection' of the EU, USA and China, which are leading the formation of e-commerce trade norms. Finally, the legal review was conducted to compare the exact meaning of the wording expressed in each agreement for the six recently enacted Mega FTAs and Digital Economic Agreements. These findings are meaningful in that they provided implications for the effectiveness of RCEP and the direction of negotiations on Korea's digital trade norms.

• The Journal of Information Technology
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• v.7 no.3
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• pp.83-98
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• 2004

What may be a problem, however, is determining the application to electronic methods of the various rules which the courts have developed for dealing with the consequence of different methods of communicating offers and acceptances. However, it was doubtful that in the law electronic documents may make part of the traditional documents based on paper. The purpose of this thesis, thus is to examine the effectiveness of electronic methods as a means of forming contracts and the some legal problems. Accordingly, The thesis is basically divided into two part. Part one considers a contract for trade is made how, when and where through compare with traditional contracts law and electronic methods. Part two considers and explores the efficiency on the formation of electronic contracts for the sale of goods by On-line.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.22
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• pp.71-106
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• 2004

Todays, L/C transactions in international trade are governed by UCP 500 and eUCP. But UCP 500 and eUCP do not cover all legal problem of L/C transactions. Therefore choice of laws in international L/C transactions are occurred. U.S.A. has an enacted law (UCC ${\S}5-Letter$ of Credit) to govern L/C transaction. But other countries has no special enacted law to govern L/C transaction. The reason is that there are difference between legal attitude of U.S.A. and other countries. American law considers L/C as a special device made by merchants. Therefore U.S.A. applies UCC ${\S}5-Letter$ of Credit instead of general contract law. UCC ${\S}5-Letter$ of Credit includes provisions of warranties, remedies, and so on that UCP 500 and eUCP do not include. But the liabilities of the Issuing Bank on the wrongful dishonor in L/C transaction is very important legal problem. First, this study is to justify concepts of honor and dishonor, and sufficient conditions for dishonor of the issuing bank. in UCC. Second, this study is to examine closely the liabilities of the Issuing Bank on the wrongful dishonor in L/C transaction. Third, this study is suggest distinctive features on the Liabilities to wrongful dishonor of the issuing bank in UCC ${\S}5-Letter$ of Credit and our trader's matters to be attended to L/C transactions governed by UCC.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.34
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• pp.157-185
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• 2007

The purpose of this thesis is to contribute to the activation of e-contract service for one stop e-trade by analyzing the problems and its solutions in e-contract service at home and abroad. In order to achieve the purpose of this thesis, case studies are done on e-contract service providers such as CECTRUST service of NTT DATA in Japan and HanCM.com of Haansoft in Korea and user companies such as Taisei Corporation using CECTRUST service and Hyundai Card using HanCM.com. The problems in the e-contract service are the lack of e-contract service providers, rare publicity of e-contract service, limited use of e-contract service at only home, higher pricing for e-contract service, short time management of e-contract documents by service providers, no application of newly developed security technology to e-contract service, unsatisfaction of requirements of e-contract service provider as trusted third party, absence of lower pricing e-contract service by service provider, authorizing key error in electronic signature under recognized authentication system in case of fail in renewal of digital certificate and reproduction of digital certificate. The solutions of these problems are the upbringing of e-contract service providers, broad publicity of e-contract service, development of e-contract service on a global basis, establishment of lower pricing for e-contract service, long time management of e-contract documents by service providers, application of newly developed security technology such as bio technology to e-contract service, satisfaction of requirements of e-contract service provider as trusted third party by designation of recognized e-document repository, development of lower e-contract service by way of application service provider(ASP), introduction of time stamping of e-contract document and signature key value. The limitation of this thesis is that the problems and its solutions could not meet with the broad recognition as they are conferred by intuition because of few e-contract service provider.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.40
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• pp.147-167
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• 2008

This paper investigates changing business transaction under the e-commerce environment and their implications on freight transport industry with some case studies. It shows that an efficient and reliable delivery system is essential for e-commerce as business industries are faced with the stricter and more diversified demands of customer. In addition, many aspects of business practices such as small batch, customized production and just-in-time distribution in the e-commerce environment, in turn, bring about a number of changes in the volume and service patterns of freight transport. E-commerce requires longer transport distances and often higher delivery frequencies. It also entails to a certain extent a modal shift towards truck and air freight transport modes. On the one hand, the logistical requirements of e-commerce goods may stimulate greater complexity in existing supply chain management, causing higher costs. However it is true that the increased visibility of goods through more efficient information flow allows more efficient and effective transport management in the logistics system.