• Title/Summary/Keyword: e-Trade Law

Search Result 113, Processing Time 0.021 seconds

A Comparative Analysis on the Korean and Chinese Electronic Signature System (한.중 전자서명제도에 관한 비교 연구)

  • Kim, Sun-Kwang;Kim, Jong-Hun
    • International Commerce and Information Review
    • /
    • v.11 no.4
    • /
    • pp.47-73
    • /
    • 2009
  • Electronic Commerce has become the leading method of business in many countries. And related laws are being established and is operating in Korea and China. In this circumstance, Korea's electronic signature law was enacted on February 5, 1999, and has been applied from July 1, 1999. But China's electronic signature law was enacted on August 28, 2004, and has been formally applied from April 1, 2005. This paper is to drive problems of the electronic signature system and law and to show the whole point to be considered in enterprise and the present status of internal and external service under the basis of electronic trade. The purpose of this study aims to present a comparative analysis on the Korean and Chinese electronic signature system and law. In addition to, another point of this paper is suggestions for improvement of legal problem.

  • PDF

Breach of international sales contract and Exemption possibility due to customs clearance impediment (통관차질(通關蹉跌)로 인한 무역계약(貿易契約) 위반(違反)과 면책(免責)의 가능성(可能性))

  • Chung, Jae-Wan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.20
    • /
    • pp.241-265
    • /
    • 2003
  • The purpose of this paper is to examine the customs clearance impediment and trade parties breaches of international sales contract by the impediment. Customs clearance impediment arises when (a)clearance is not permitted, (b) importation goods are confiscated, (c)clearance delay without expectation, and (d) additional excessive trade cost caused in the process of clearance. This kind of clearance impediment may cause the breach of international sales contract. And it depends on its contents of contract and causal sequence i.e. cause and effect respectively in determining who is liable for it. If one party exemptions by Article 79 CISG, next three elements must be proved. (a)The failure was due to an impediment beyond his control; (b)the impediment was reasonably unforeseeable at the time of the conclusion of the contract, and (c)the impediment was reasonably impossible to overcome. But the customs clearance impediment is not easy to prove these three elements, the party who is responsible the customs clearance may not be exemptions by Article 79 CISG. And, according to review, it is concluded that the buyer, rather than seller, is liable for the damage which is caused in the process of clearance. It is also confirmed that the seller is sometimes liable for depending on clauses of contracts i.e. quality conditions.

  • PDF

A Study of Legal Restrictions on International Air Cargo Services (국제항공화물운송의 법적 규제에 대한 고찰)

  • LEE, Jae-Woon
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.69
    • /
    • pp.371-388
    • /
    • 2016
  • International air transport for cargo services is a facilitator for various trade sectors and, by itself, an important service industry. Although international air cargo industry is expected to grow continuously, industry stakeholders complain about legal constraints in the industry and demand more liberalized regime. From its birth at the beginning of the 20th century, the airline industry was tightly regulated by governments with a strong tradition of protectionism. In the past few decades, however, protectionism in the airline industry has steadily declined. Indeed, the airline industry is largely in the process of liberalization. Interestingly, it has been easier to liberalize air cargo service than passenger service. Indeed, states have traditionally shown far more willingness to provide market access for foreign carriers carrying cargo than passengers. Given the impact of air cargo service in a state's wider economy and own characteristics of cargo services (i.e. air cargo traffic is inherently one-way, unlike passenger traffic, which tends to involve round trips), more liberalized approach is necessary for air cargo services. Among three approaches: bilateral, regional (block-based) and multilateral, it is desirable to adopt a multilateral treaty (a new multilateral all-cargo agreement) so as to harmonize and simplify complicated trade regulations on air cargo services.

  • PDF

An Empirical Study on the Critical Success Factors of Business to Business e-Procurement System (B2B 전자조달시스템의 핵심성공요인(CSF) 도출을 위한 실증분석)

  • Lee, Sang-Jin;Shin, Seoung-Man
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.47
    • /
    • pp.239-260
    • /
    • 2010
  • The purpose of this study would like to investigate the critical success factors of the e-procurement which means on-line purchase of goods and services for organizations. This action represents one of the largest expense items in a firm's cost structure. In order to draw CSFs of e-procurement system, we have surveyed questionnaire to the related firms. The basic variables used in this survey are taken from many precedent researches in relation to the e-procurement. On the other hand, the research data is collected from companies which had used the MRO e-marketplace. Through factor analysis of those data, four-factor resulted as follows: (1) factor one suggests the rationalization of the firm's management of its suppliers; (2) factor two calls for redesigning affected business processes and influencing end-user/employee procurement-related behaviors; (3) factor three refers to carefully orchestrating an e-procurement technology planning process with one's suppliers and using intelligence in designing the software and mining the data it produces; and (4) factor four relates to selecting an e-procurement solution and/or simultaneously participating in a number of electronic environments supporting e-procurement. In conclusion, these four factors are regarded as critical success factors for the application of e-procurement system and then suppliers should take care the effective planning of e-procurement structure.

  • PDF

A Study on the Electronic Trade and eUCP (전자무역과 eUCP에 관한 연구)

  • Park, Sung-Chul
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.19
    • /
    • pp.119-138
    • /
    • 2003
  • ICC(International Chamber of Commerce) developed new rule on the presentation of electronic record in L/C transactions. This rule named as the e-UCP. The gists of this article are on the application of e-UCP in practice and it's some problems. The e-UCP is the supplement of current exisiting UCP but is superior to UCP under some circumstances. The e-UCP is only apply to the presentation of electronic record regardless of type of L/C(for example, traditional paper L/C or electronic L/C). The presentation of electronic record has some problems which has not seen in the presentation of paper document. These peblems are Time, Place of presentation, and format of electronic record and so on. The e-UCP provided on the basis of these problems. However, the e-UCP has some obscure provisions on the examination of electronic record and the corruption of electronic record. Who is responsible for the corruption of electronic record by the virus on the system of bank ? The current e-UCP is not clear on this matter. We have to note followings in case of presenting the documents electronically and applying the e-UCP. First, Beneficiary has additional duty to notice of completion of presentation. Second, It will be increasing the clean NEGO through prompt feedback of the descrepancy at the presenting time. Third, It is no use of L/G(Letter of Guarantee).

  • PDF

A Study on the Improvement of Clearance Procedure for Electronic Trade (전자무역을 위한 통관업무의 개선에 관한 연구)

  • Lee, Bong-Soo
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.37
    • /
    • pp.253-273
    • /
    • 2008
  • The thesis examines the problems for improvement of clearance procedure and shows the various ways of overcoming them. Practical implications regarding the innovation of clearance procedure are as follows. First, the basis of information for customs clearance service should be built for unifying customs clearance information and imports and exports goods. Second, Customs Service need to keep on trying continuously that customs clearance system should be inter-convertible in the inside and outside of the country. Third, reliable law and execution system should be needed to revitalize customs clearance business and the government need to take measures for new system which is suitable for our own country. Finally, mutual cooperation administration system for customer in domestic and foreign country should be made for supplying high quality clearance service. As we have reviewed above contents, the customs clearance business meet the needs of innovation with new information technique to overcome lots of problems which come by when we execute simplification of customs clearance procedure and customs inspection administration fairly. As well as, when we review a few methods in the line of our customs system, we need strongly completion of related system and arrangements in trade business and similar fields. Hereafter we hope the limitation of this study should be overcome by the process of proper inspections through subsequent studies.

  • PDF

E-Commerce in the Historical Approach to Usage and Practice of International Trade ("무역상무(貿易商務)에의 역사적(歷史的) 어프로치와 무역취인(貿易取引)의 전자화(電子化)")

  • Tsubaki, Koji
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.19
    • /
    • pp.224-242
    • /
    • 2003
  • The author believes that the main task of study in international trade usage and practice is the management of transactional risks involved in international sale of goods. They are foreign exchange risks, transportation risks, credit risk, risk of miscommunication, etc. In most cases, these risks are more serious and enormous than those involved in domestic sales. Historically, the merchant adventurers organized the voyage abroad, secured trade finance, and went around the ocean with their own or consigned cargo until around the $mid-19^{th}$ century. They did business faceto-face at the trade fair or the open port where they maintained the local offices, so-called "Trading House"(商館). Thererfore, the transactional risks might have been one-sided either with the seller or the buyer. The bottomry seemed a typical arrangement for risk sharing among the interested parties to the adventure. In this way, such organizational arrangements coped with or bore the transactional risks. With the advent of ocean liner services and wireless communication across the national border in the $19^{th}$ century, the business of merchant adventurers developed toward the clear division of labor; sales by mercantile agents, and ocean transportation by the steam ship companies. The international banking helped the process to be accelerated. Then, bills of lading backed up by the statute made it possible to conduct documentary sales with a foreign partner in different country. Thus, FOB terms including ocean freight and CIF terms emerged gradually as standard trade terms in which transactional risks were allocated through negotiation between the seller and the buyer located in different countries. Both of them did not have to go abroad with their cargo. Instead, documentation in compliance with the terms of the contract(plus an L/C in some cases) must by 'strictly' fulfilled. In other words, the set of contractual documents must be tendered in advance of the arrival of the goods at port of discharge. Trust or reliance is placed on such contractual paper documents. However, the container transport services introduced as international intermodal transport since the late 1960s frequently caused the earlier arrival of the goods at the destination before the presentation of the set of paper documents, which may take 5 to 10% of the amount of transaction. In addition, the size of the container vessel required the speedy transport documentation before sailing from the port of loading. In these circumstances, computerized processing of transport related documents became essential for inexpensive transaction cost and uninterrupted distribution of the goods. Such computerization does not stop at the phase of transportation but extends to cover the whole process of international trade, transforming the documentary sales into less-paper trade and further into paperless trade, i.e., EDI or E-Commerce. Now we face the other side of the coin, which is data security and paperless transfer of legal rights and obligations. Unfortunately, these issues are not effectively covered by a set of contracts only. Obviously, EDI or E-Commerce is based on the common business process and harmonized system of various data codes as well as the standard message formats. This essential feature of E-Commerce needs effective coordination of different divisions of business and tight control over credit arrangements in addition to the standard contract of sales. In a few word, information does not alway invite "trust". Credit flows from people, or close organizational tie-ups. It is our common understanding that, without well-orchestrated organizational arrangements made by leading companies, E-Commerce does not work well for paperless trade. With such arrangements well in place, participating E-business members do not need to seriously care for credit risk. Finally, it is also clear that E-International Commerce must be linked up with a set of government EDIs such as NACCS, Port EDI, JETRAS, etc, in Japan. Therefore, there is still a long way before us to go for E-Commerce in practice, not on the top of information manager's desk.

  • PDF

International discussions and enactment directions for e-business (e-비즈니스 관련 법규의 논의동향과 제정방향)

  • Kyung, Yeun-Beom
    • The Journal of Information Technology
    • /
    • v.7 no.1
    • /
    • pp.23-41
    • /
    • 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.

  • PDF

INCOTERMS 2000 and Non-Maritime Trade Terms (INCOTERMS 2000과 비해상매매조건(非海上賣買條件))

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
    • /
    • v.13
    • /
    • pp.151-192
    • /
    • 2000
  • This study has been focused on the revisions and characteristics of the 7 non-maritime trade terms(EXW, FCA, CPT, CIP, DAF, DDU and DDP) in Incoterms 2000. Main characteristics are as follows: First, the use of different expressions intended to convey the same meaning has been avoided and the same expressions as appear CISG have been used. Second, the content of preamble in each trade terms has been shortened and definitedly. Third, if the parties are going to use variants of trade terms in Incotrems 2000, the meanings should be made clear by adding explicit wording in the contract of sale. Main revisions of the 7 trade terms are as belows: First, Incoterms 2000 has emphasized that in EXW, the seller delivers when he places the goods at the disposal of the buyer at the seller's premises or another named place(i.e. works, factory, warehouse, etc.) not cleared for export and not loaded on any collecting vehicle. Second, in FCA, delivery is completed; a) If delivery occurs at the seller's premises, the seller is responsible for loading. b) If delivery occurs at any other place, the seller is not responsible for unloading. Third, in CPT and CIP, all costs and charges relating to the goods whilst in transit until their arrival at the agreed place of destination, unloading costs and all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit through any country are linked with the content under the contract of carriage. Fourth, Incoterms 2000 has emphasized that in DAF, the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport not unloaded, cleared for export, but not cleared for import at the named point and place at the frontier, but before the customs border of the adjoining country. Fifth, Incoterms 2000 has emphasized that in DDU, the seller delivers the goods to the buyer, not cleared for import(in DDP, cleared for import), and not unloaded from any arriving means of transport at the named place of destination. Sixth, if the parties do not intend to deliver the goods across the ship's rail, FCA, CPT and CIP instead of FOB, CFR and CIF should be used.

  • PDF

Korea's Trade Complementarity With Major ASEAN Countries (한국(韓國)과 주요(主要) ASEAN국간(國間)의 무역보완도(貿易補完度))

  • Kim, Seung Jin;Kim, Gi Seung
    • International Area Studies Review
    • /
    • v.13 no.2
    • /
    • pp.117-144
    • /
    • 2009
  • This paper analyzes how Korea's trade intensity with major ASEAN countries changed from 2000 to 2005. For this purpose, we measured the trade intensity index, the trade complementarity index, and the special country bias index between Korea and ASEAN countries by the trade intensity index model developed by Yamazawa (1970). The OECD trade matrix was used as data. We found that Korea's trade intensity with Indonesia increased from 8.91 in 2000 to 10.88 in 2005 due to a considerable increase in Korea's special country bias with Indonesia from 9.58 in 2000 to 10.75 in 2005. Therefore Korea's special country bias with Indonesia should be enhanced further by increasing capital movements and reducing discriminatory tariffs and other import restrictions between Korea and Indonesia. It was also found that trade intensity between Korea and other ASEAN countries (i.e., Malaysia, Philippines, Singapore, and Thailand) shows a similar pattern of the above trade intensity between Korea and Indonesia except the trade complementarity.