• International Commerce and Information Review
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• v.7 no.4
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• pp.271-285
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• 2005

Korean Government has been actively and aggressively promoted the global e-commerce (or e-trade). However, the global researches regard the Korea as the passive or retrogressive country in e-trade. The purpose of this study is to clarify the change of the policy paradigm on the e-trade of Korea and to search for new paradigm based on the total amendment (or inauguration) of the e-trade promotion law. The research concludes the current political paradigm on "the Designated total solution provider" should be separated from the e-trade infra or platform. More competitive and market-oriented paradigm of the promotion support on e-trade metamediary should be evaluated in terms of facilitator, service provider and collaborator.

• International Commerce and Information Review
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• v.11 no.2
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• pp.233-257
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• 2009

The 21st century is witnessing the explosive increase in the usage of internet and international electronic transactions. Due to the unique characteristics of the electronic information, substantial part of such transaction can and do take the form of cross-border transactions. However, there have not been settled appropriate set of rules applicable to the international electronic transactions. Currently, in respect to e-L/C transactions in international trade, there are laws such as Electronic Transaction Basic Act in our country, E-Trade Promotion Act, E-Signature Law, Act on Promotion of Information and Communication Network Utilization and Information Protection and Marine Charter 5 in the Commercial Law. Nevertheless, a complete legislation, that is a uniform rule for e L/C which could support e L/C transactions fully hasn't been established yet. Accordingly, those laws concerned need to improve to regulate e-L/C transactions. The purpose of this paper is to look into the national status for law readjustment to prepare for a new electronic environment and to use appropriately the e-L/C issued by electronic means, and to conduct a comparative analysis on the related regulations to introduce a pertinent laws and propose related regulations to contribute to the making of effective laws to regulate e-L/C.

• The Journal of Industrial Distribution & Business
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• v.11 no.8
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• pp.21-29
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• 2020

Purpose: As one of the most developed cities in China, the application of e-commerce is more mature, especially the promotion of ecommerce to foreign trade. After the establishment of Shanghai Free Trade Zone (FTZ) in 2013, the government issued a series of policies to promote the application of e-commerce in Shanghai's foreign trade. This paper takes Shanghai FTZ as an example to study how to develop the application of e-commerce in other free trade zones and how to innovate the international trade mode. Research design, data and methodology: This paper selects the latest data from 2010 to 2019, uses econometric correlation analysis and regression analysis to study the impact of e-commerce on the foreign trade of Shanghai FTZ. Results: At last, the conclusion is drawn that the establishment of free trade zone provides many advantages for the development of e-commerce in Shanghai, and the growth of e-commerce in Shanghai FTZ promotes the development of foreign trade of Shanghai FTZ. Conclusions: So as to promote the development of e-commerce in Shanghai Free Trade Zone, some suggestions are put forward, such as increasing network supervision, establishing e-commerce talent training system, logistics management and information management systematization.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.53
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• pp.233-264
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• 2012

This study proposes and verifies an integrated model that reflects and helps to explain complexities and comprehensiveness of e-Trade in practice. The primary objective was to widen and deepen our understanding about the phenomena of paperless trading which will enable us to formulate an effective means to promote the adoption and utilization of e-Trade infrastructure. This investigation combined and extended the theories and models of TAM, TOE framework, and TTF in order to identify and hypothesize the causal relationships between factors of technology, organization and environment, and the usage level and performance of e-Trade. The previous research on e-Trade was reviewed and incorporated into the extended model. The integrated model was tested based on the survey data collected from a sample of 417 trading firms. Overall, the regression and path analysis demonstrated the usefulness of the proposed model as a conceptual framework for better understanding and explanation of e-Trade. The result of the analysis implies the relevancy of the factors of technology, organization and environment for facilitating usage of and increasing performance of e-Trade. However, rejection of a few hypothesized relationships implies the necessity of extensive promotion and education about the related laws and regulations, and education, supervision and incentives for e-Trade practitioners.

• Journal of Korea Game Society
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• v.21 no.4
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• pp.13-24
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• 2021

Recently, amendments to the e-Sports Act have been proposed in the Korea National Assembly. To evaluate the amendments, this study provided five factors of the e-sports industry: the high accessibility, the instability of the game, the difficulty of professional e-sports players, the fierce competition, and the lack of government policy. Based on these factors, this study suggested improvement in which the e-Sports Act should proceed for professional e-sports players, e-sports teams, and e-sports establishments.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.18
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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.

• Journal of Arbitration Studies
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• v.27 no.4
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• pp.91-113
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• 2017

UN Convention on International Sale of Goods (CISG) and International Commercial Arbitration aim at the promotion and facilitation of international trade. Both of them share similar general principles; i.e., party autonomy and pacta sunt servanda. Also they are often applied concurrently in the case of the international commercial trade. The purpose of this article is to investigate whether the CISG could apply the formation of the arbitration clause that is included in the main contract governed by CISG. Sellers and buyers have freedom of designating choice of law that is applied to their contracts. An international arbitration agreement is presumed to be separable from the contract in which it is found. However, arbitration clauses commonly form part of a general contract. Thus, the CISG is intended to be applied to dispute resolution clauses, including arbitration clause even if it is not completely suitable. Notably, there is a fundamental distinction between the CISG and arbitration. The CISG abolished the formalities of contract. New York convention requires Contracting States' Courts to enforce written international agreements to arbitrate.

• Journal of Navigation and Port Research
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• v.31 no.4
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• pp.317-323
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• 2007

As economic trade between Korea and China has been encouraged with the rapid growth of Chinese economy and port competition in Northeast Asia, Korean government is trying to promote development and consolidation of ports to cope with the lack of facilities. Thus, many projects for port development have been propelled including the enactment the 'Private investment promotion law for social overhead capital 1994.' However, there are still some unsettled issues since considerable part of risk is still allocated to the Government when it has to support the private businesses in these port investments whenever unexpected problems arise. Allocation of risk among the participants - in this case especially - is a very subtle issue, however, it was revealed that not many precedent researches were done on the subject. In my previous research, I classified and analyzed 4 principle risks i.e, construction, management, financial and social risk. This research investigates the reasonable allocation of the risks among the participants using the Hierarchial Fuzzy Process. In the result of analysis, responsibility of private party is the most important and it must put the responsibility before Government' roll concerned. Also, this research displayed and proposed the direction of management method on port development in a view of minimizing risk and maximizing initiative of a private party.