• 한국중재학회지:중재연구
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• 제22권2호
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• pp.79-101
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• 2012

In 2010, the United Nations Commission on International Trade Law (UNCITRAL) initiated work on the settlement of disputes in international e-commerce through online dispute resolution (ODR). The basic goal is to use ODR to resolve disputes with low value but high volume in international e-commerce. The background is that consumers have no way to solve their legal problems in this area. An ODR system is intended to create a new way to enforce their rights. However, the legal situations of the countries in the e-commerce sector, particularly in consumer protection, are very diverse. Thus, no reasonable model for conflict resolution is available. Some countries consider this as public policy and want absolute protection of their consumers. Other countries want to encourage freer e-commerce trading. This diversity of consumer protection policy is an obstacle to ODR. However, sooner or later, reaching an agreement is feasible because each representative is making a reasonable effort to reach the goal.

• 한국중재학회지:중재연구
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• 제23권4호
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• pp.123-138
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• 2013

The surge of cross border trade and transactions has seen international arbitration fast emerging as the preferred mode of dispute resolution. This phenomenon is especially remarkable in the Asian region. The Singapore International Arbitration Centre ("SIAC") aspires to contribute to this growth as one of the leading arbitral institutions. The objective of this article is to provide an insight into the key features of SIAC Rules. This article has been divided into two parts; the first part discusses how the SIAC Rules are helpful in building bridges in international arbitration between the common law and civil law systems. We have attempted to throw light on how the SIAC Rules may be tailored by the parties to bring about a harmonization in the common law and civil law practices in the conduct of the arbitration proceedings. In the second part of the article, we discuss the two most popular procedures introduced in the SIAC Rules in 2010 i.e. 'Emergency Arbitration' and 'Expedited procedures'. The emergency arbitration provisions enable a party to obtain order(s)/award for urgent interim relief(s) upon commencement of arbitral proceedings but pending the constitution of the main Tribunal. The expedited Procedure provisions give parties the option of having their disputes determined in six (6) months from the date of the constitution of the tribunal.

• 한국인공지능학회지
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• 제8권2호
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• pp.17-22
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• 2020

Purpose: After entering the 21st century, a new industrial revolution, i.e. industrial revolution 4.0, which is characterized by intelligence, automation and networking, has opened the curtain of the "industry 4.0" era. In recent years, "low-carbon economy" has been a development goal that has been paid close attention to and adhered to at home and abroad. As a major economic province, Shandong Province has not only brought about rapid economic growth, but also caused rapid environmental deterioration due to its high energy consumption, high dependence and high environmental pollution. In this environment, low-carbon economy has become an inevitable trend in the development of foreign trade in Shandong Province. Based on the current situation of foreign trade in Shandong Province and various existing problems, this paper explores the relationship between low-carbon economy and foreign trade in Shandong Province under this strategic background. Research design, data and methodology: By selecting the data from 2008 to 2017, using the carbon emission coefficient method to measure the CO2 emissions in the past decade, analyzing the impact of ecological factors on trade, selecting the most representative GDP and total imports for regression analysis, it is proved that they have a real impact on CO2 emissions. The total GDP is positively correlated with carbon emissions, while the total import is negatively correlated with carbon emissions. Results:This paper discusses the impact of low-carbon economy on foreign trade of Shandong Province from the perspective of foreign trade. Especially in today's "low-carbon economy" background. Conclusions:it is helpful for relevant departments to formulate relevant policies and promote the sustainable development of foreign trade in Shandong Province.

• 통상정보연구
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• 제15권1호
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• pp.357-379
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• 2013

최근 우리나라는 외화획득용 원료 등 구매제도에 대해 전자화를 도입하게 되었다. 정부는 구매확인서의 전자화를 위해서 2011년에 대외무역관리규정을 개정하였다. 또한, 외화획득용 원료 등 구매제도에는 구매확인서에 이어 2012년에 내국신용장도 전자화하였다. 이는 우리나라 전자무역이 로컬거래 절차의 전자화를 추진하게 되는 것이다. 본 연구에서는 외화획득용 물품관리제도에 대한 선행적 고찰과 대외무역관리규정의 개정을 통한 구매확인서 전자발급의 의무화 및 한국은행 무역금융 취급세칙의 개정으로 내국신용장의 전자개설 의무화에 따른 이론적, 법적 고찰과 로컬거래 절차의 전자화의 추진인로컬거래 통합관리시스템의 구축에 있어 법적, 실무적 문제점과 대응방안을 분석하였다.

• 무역상무연구
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• 제17권
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• pp.7-35
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• 2002

In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.

• 한국중재학회지:중재연구
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• 제23권1호
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• pp.133-152
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• 2013

Recently, the United Nations Commission on International Trade Law (UNCITRAL) has made progress toward resolving low value, high volume disputes in international e-commerce. At the Working Group's 26th session, two draft procedural rules were addressed. The first discussed the draft of Article 9, entitled "Decision by a neutral party." This is based on the suggestion in 26th session to have a "two track" system of ODR, one including negotiation, facilitated settlement, and arbitration phrases, and the other not including an arbitration phase. The second draft procedural rule, draft Article 10, regards the language of proceedings. In most cases of international e-commerce, the decision of language of an ODR proceeding is a matter of importance, for the language parties could differ from each other. This paper examines several implications of UNCITRAL for Korea, which has unstable ODR system.

• 무역상무연구
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• 제18권
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• pp.105-134
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• 2002

In the Spring of 2000, the Banking Commission of the ICC decided to appoint a working group to draft a supplement to the UCP 500 to clarify the position regarding electronic presentation under a documentary credit. Provisions was drafted to supplement its existing rules for documentary credit, that is, UCP 500. These new provisions known as Supplement to UCP 500 for Electronic Presentation was approved by the ICC Banking Commission at the beginning of November 2001 and came in force as of 1 April 2002 The eUCP covers matters such as definitions of key terms such as electronic record, electronic signature, format, paper document, received. An eUCP Credit must specify the formats in which electronic records are to be presented and if not, electronic records may be presented in any format. Electronic records may be presented separately and need not be presented at the same time. The purpose of this paper is to understand the main substance of eUCP and to facilitate the introduction of electronic letter of credit by studying the problems and revision of eUCP and new electronic UCP. The main substances of eUCP are electronic address as place for presentation of electronic records, flexibility of the formats of electronic records to be presented, endowment of the notice of completeness of presentation to the beneficiary, one electronic record satisfying one or more originals or copies of an electronic record, the electronic records to be examined including the electronic record at the hyperlink to an external system or the referenced system, no remark as to the time period for the examination of documents. The Roles of eUCP are the Promotion of the Electronic Trade, the Supply of Basis on the Uniform Rules for Electronic Letter of Credit, the introduction of Electronic Trade Model. The characteristics of eUCP are a supplement to the UCP, no address of any issues relating to the issuance or advice of Credit electronically, independence of specific technologies and developing electronic commerce system, that is, Bolero Service. The Problems of eUCP are flexibility of format of electronic record, heavy burden on the side of banks, and the problems regrading the number of presentation, the notice of completeness of presentation, no provision in regard to the time to examine the electronic records, and representation of the electronic records. In the revision of eUCP to resolve the problems, the things to be taken into consideration are as follows; the designation of the format allowing the banks to examine electronically, prohibition of the paper documents, the development of the system receiving the electronic records, the addition of the reception notice on the side of the banks, the setting of the time to examine the electronic records, the construction of the backup system or the dual processing system.

• 무역학회지
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• 제41권4호
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• pp.21-40
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• 2016

본 연구는 최근 구매주문서 발송을 조건으로 한 매도인의 승낙을 주요 이슈로 하는 CISG상 판례가 있어 이를 소개하고 심층 분석한 논문에 해당한다. 이러한 분석을 위해 CISG상 계약의 성립 관련 조항을 청약과 승낙으로 나누어 고찰하고, 특히 이 판례의 주요 이슈가 되고 있는 대응청약과 승낙의 요건 및 연착된 승낙의 인용 관련 조항을 주로 고찰하였다. 이와 더불어 판례의 분석과 CISG상 관련 조항의 분석을 통해 CISG를 준거법으로 하여 국제물품매매거래에 임하는 거래 당사자들이 유의하여야 할 실무적 시사점을 도출하였다.

• 무역상무연구
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• 제76권
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• pp.147-166
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• 2017

There is a growing interest on entrepreneurship for undergraduate students to enhance their employment ratio because they have big difficulty in getting a job in Korea as well as Vietnam. Currently, on-line business is booming because customers feel convenience in approaching on-line store. Therefore, this study has explored identifying the factors to affect entrepreneurial intention of being e-commerce trader for the undergraduates in Korean universities as well as Vietnam universities. In addition to this, the study has also investigated the difference of the results between Korea and Vietnam. The results of the study are as follows ; First, entrepreneurial knowledge affects positively on entrepreneurial intention for being e-commerce trader. Second, employment barrier also affects positively on entrepreneurial intention for being e-commerce trader. Third, social perception on entrepreneurship mediates the relationship between employment barrier and entrepreneurial intention for being e-commerce trader. Lastly, the level of entrepreneurial intention for vietnam undergraduate students shows higher than that of Korean undergraduate students. Since there was lack of recognition as to the importance for entrepreneurial intention of being e-commerce trader in Korea, Korean government can refer to the results of this survey and implement the related policies to enhance related entrepreneurial intention. This indicates that when it comes to the establishment of new ventures in Korea, entrepreneurial education has been the focus of interest such as making business plan, setting up strategy, marketing the products etc. In this regard, this research is expected to be used for the development for the future policies to boost youth entrepreneurship in Korea.

• 무역상무연구
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• 제56권
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• pp.77-100
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• 2012

China draws lots of attention from many multinational corporations all over the world as one of the biggest market in the world. Due to the huge territory and explosive population, it is considered that China has endless potentiality. Moreover, since China joined the WTO, China opens its market, developing the policies for opening of its market. Based on the enormous purchasing power, China gets another attention in industry of electronic commerce. With the development and expansion of information technologies, China's electronic commerce has rapidly developed. Since the market of electronic commerce in China is in the developing stage, there is still a big market for electronic commerce and also Chinese government has made much effort in order to develop the industry of electronic commerce. However, in spite of these circumstances, the Chinese electronic commerce industry is far behind the developed countries. There could be many reasons for slow development in industry of electronic commerce and the main purpose of this paper is to discuss these reasons. First of all, the current status of electronic commerce industry in China will be analysed, and then, main problems of electronic commerce industry will be discussed in order to find out the reasons why the industry of electronic commerce cannot develop as much as it is anticipated. It is expected that this paper can contribute to understanding electronic commerce industry in China, and it will be helpful for companies which have a plan to extend their businesses in China.