• Journal of Arbitration Studies
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• v.29 no.1
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• pp.53-70
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• 2019

This study analyzed some cases of the China International Economic and Trade Arbitration Commision (CIETAC) related to the application of the Contracts for the International Sale of Goods (CISG). As a contracting party of the CISG, China has accumulated a considerable amount of experience in applying CISG through commercial arbitrations. This study sought to understand how CISG is operated in commercial arbitration in China. By analyzing actual cases in China, Korean commercial arbitration can avoid mistakes and further improve. This study of Chinese cases will give some useful information for Korean companies. As defined by the CISG, the applicability can be divided into direct application and indirect application. When China joined the CISG, it made a reservation out of Article 1(1)(b). Korea and China are contracting parties to CISG and CISG is, therefore, directly applied. It is beneficial for Korea to understand how CIETAC is indirectly applied in China then. Some of the results of this study are as follows: First, CIETAC made a correct judgment most of the time on the direct application of CISG. However, there were mistakes in the judgment of the nationality of the parties in a few cases. The parties must clearly define applicable laws when entering into a contract. Secondly, the 2012 "CIETAC Arbitration Rules" was revised so that the "party autonomy" was introduced into Chinese commercial arbitration concerning indirect application. Therefore, the principle of autonomy of the parties was not fully recognized in the past judgments. Instead, the domestic law of China was applied in accordance with the reservation of Article 1(1)(b). Thirdly, China did not explain the application of CISG in Hong Kong, which led to ambiguity in concerned countries. Therefore, it is necessary to confirm the status of CISG in Hong Kong. In addition, Korean companies should clearly define the applicable laws when dealing with Hong Kong companies.

• Korea Trade Review
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• v.47 no.5
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• pp.1-20
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• 2022

As a part of environmental pollution mitigation in China, the number of environmentally friendly vehicles in China is proliferating, attention to vehicles that use environmentally friendly energy continues to increase, and China's new energy vehicle market is also growing rapidly. Similar to existing research, the focus of the subsidy is to provide financial support for electric vehicle buyers and the expansion of new energy vehicle charging infrastructure. Under these circumstances, this study attempts to understand the influence of Chinese consumers' green responsibility and other psychological factors on electronic vehicle purchase intention based on norm activation theory and theory of planned behavior. PLS-SEM examined the proposed hypotheses with 369 valid Chinese consumers, and all were supported. Our findings contribute to the extension of the research scope of Chinese consumers' intention to purchase electric vehicles and provide practical information for domestic and foreign firms entering China, the world's largest electric vehicle market.

• Korea Trade Review
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• v.47 no.1
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• pp.145-161
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• 2022

For multinational manufacturers, China is an attractive consumer market, but the unique attributes and tastes of Chinese customers present challenges in achieving desired investment performance. In this paper, the influence (mediating function) of consumer-centered market orientation adopted as a strategic means by multinational companies entering China on investment performance was examined utilizing samples collected through questionnaires and statical analysis through structural equation models. This paper, based on value chain and product attributes, divided market orientation into two types: production impacted market orientation and service impacted market orientation. The empirical analysis results of 233 samples showed that, service impacted market orientation with downstream activities and support service (as a variable) has a greater impact on investment performance than production impacted market orientation with upstream activities and product attributes. This indicates to managers that focusing on service impacted market orientation when implementing consumer-centered marketing strategies in the Chinese local market is an efficient/effective localization strategy to increase expected investment performance.

• Journal of Arbitration Studies
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• v.26 no.4
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• pp.83-109
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• 2016

Recently, China has brought many political, economical, and ideological changes in order to complete the "socialistic market economy." In terms of legal system, they make much effort to seek compatibility and stability of law and order. China recognizes that the breakdown of corruption, which is rampant in society, is an essential short-cut for national development. To realize anti-corruption reformation, it strengthens the supervision of relatives and close officials of high-ranking government officials. Recently, China has suffered from expanded trade disputes internationally and has also experienced severe management-labor conflicts domestically due to economic recession. From 2012 onward, civil lawsuit and other litigations have increased sharply. Also, they face severe conflicts in the land system. It is expected that many disputes arise due to speculation on rural housing. Meanwhile, Mongolia expands the size of trade with Korea in mutual cooperation since their diplomatic relation in 1990 by entering more than 20 treaties and agreements. As Mongolia has rich natural resources and Korea is equipped with advanced science and technology, the two countries have opportunities to develop mutually beneficial cooperative relations. Recently, the arbitration system has attracted attention instead of litigation as a means of dispute settlement in line with the expansion of trade between Korea and Mongolia. This study would be helpful to figure out desirable methods for dispute settlements in case of trade disputes among Korean companies that would advance into China and Mongolia.

• Asia-Pacific Journal of Business
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• v.11 no.1
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• pp.145-165
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• 2020

Purpose - The purpose of this study is to suggest strategies and solutions for entering China in the tariff and non-tariff sectors of the cosmetic industry. Design/methodology/approach - This study analyzed the import tariff rate of cosmetics in China, and analyzed the export cost by actually interviewing the exporting companies to derive the economic effect of non-tariff measures. Findings - First, We proposed the use of the FTA business model (basic cosmetics), the use of Korea-China FTA tariffs (foam cleansing, toothpaste), and the use of APTA tariffs (perfume). Second, We proposed cooperation between the governments to facilitate customs clearance procedures and improvement of FTA awareness among corporate practitioners. Third, We proposed the expansion and support of the AEO MRA system and the expansion of Korea-China MOU conclusions regarding the certification system, and the international standardization of domestic licensing system and technical conditions. Fourth, We proposed the use of government-supported projects related to obtaining overseas certifications and overseas expansion through collaboration with the same industry. Research implications or Originality - HS3304 products excluded from the Korea-China FTA should take full advantage of the FTA business model. In addition, the non-tariff measure costs are fixed costs per year, so the ratio decreases as the number of exports and export volume increases.

• Journal of Distribution Science
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• v.13 no.2
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• pp.25-33
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• 2015

Purpose - This study aims to disclose the problems of both the government and the logistics industry regarding fourth-party logistics, and to provide various solutions at the level of enterprises as well as the government for the introduction of fourth-party logistics in China. Research design, data, and methodology - This study aims to reveal how a shipping company recognizes the creation of partnerships with fourth-party logistics providers, and it reveals several related implications. Results - Fourth-party logistics organizations can be used to achieve maximum business performance as professional logistics companies by incorporating the benefits of outsourcing and insourcing. Outsourcing logistics services through focusing on core competencies and improving customer service can have financial effects and advantages such as the simplification of labor issues. Conclusions - This study did not investigate Korean enterprises through an empirical analysis and provided fourth-party logistics concepts and promotional plans according to domestic and foreign literature. Further studies shall investigate not only the Korean fourth-party logistics model but also the training of logistics professionals to generate profits for both shippers as well as logistics enterprises.

• Journal of Arbitration Studies
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• v.29 no.4
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• pp.121-140
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• 2019

China, Hong Kong, Macao, and Taiwan have a singular political relationship. This distinctive relationship creates a unique impact on the nationality of the arbitral awards among the said countries. Each of these regions does not adopt the arbitral award of the other party as either a foreign arbitration award or a domestic arbitration award, but separately adopts the arbitral award in different jurisdictions within the same country. Therefore, in order to approve and enforce their arbitral awards in other areas, they have no choice to apply special laws or the conventions concluded between them, neither the New York Convention nor the individual arbitration laws in those areas. Therefore, this paper reviewed the convention and self-established laws among China, Hong Kong, Macao, and Taiwan regarding the approval and execution of the other arbitral awards. In addition, the domestic laws in China, Hong Kong, Macao, and Taiwan are compared with the New York Convention to ascertain the criteria for distinguishing domestic and foreign arbitral awards. This study also compared and analyzed what criteria were established for the determination of the nationality of the arbitral awards in the domestic law or the convention concluded in pan China. Through the analysis of these contents, the characteristics and problems of criterion for the determination of nationality among China, Hong Kong, Macao, and Taiwan were identified. Based on the results, this study examined the precautions Korean companies entering these regions should use in the arbitration system in these areas.

• International Area Studies Review
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• v.20 no.4
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• pp.3-22
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• 2016

This study analyzed the pattern of Myanmar's trade with east asia countries, Korea, China and Japan. By using RCA index and TSI index, the comparative advantage and trade specialization of Myanmar are analyzed. UN COMTRADE data from 2012 to 2014 is analyzed. After the economic sanction against Myanmar was lifted, the volume of trade of Myanmar was increased sharply as well as the trade structure is changed. The volume of trade in primary industry is decreased while the manufactured industry takes more share of trade volume. The comparative advantage of manufactured industries took more steps while those of primary industries lose. In the trade with Korea, China and Japan, Myanmar exports labor intensive products and primary goods. Trade relationship beteen Korea and Myanmar is analyzed to be primary step, while China's and Japan's are going to be advanced. China and Japan are entering to the stage of international value chain system by using abundant labor of Myanmar.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.30
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• pp.123-144
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• 2006

MERCOSUR (Southern Cone Common Market, Latin American trade organization established in 1991, full members: Argentina, Brazil, Paraguay, and Uruguay; associate members: Bolivia, Chile, Colombia, Ecuador, Peru, and Venezuela) is the world's third largest economic union. It is a vital region that Korean corporations should enter to preoccupy the Latin American market. Since China and Japan are recently moving strongly to advance into MERCOSUR, Korea needs to work out measures to cope with the situation. In trading with MERCOSUR, it is very important to establish a strategic base in the market from a long-term perspective rather than to approach the market only as an exporting market. From this viewpoint, Korea should regard MERCOSUR as a market with which it should cooperate in terms of resources, beyond a market from which it imports raw materials. Helped by its advancement strategies varying according to regional markets and price competitiveness, China is bolstering its market share in these regions. In addition, China has built production bases focused on electric and electronics products. It is also increasing its investments in MERCOSUR as a stable raw material-providing base. To make inroads into MERCOSUR successfully, therefore, Korean enterprises should not regard it as a market where it disposes of stock goods, but should instead export technologically competitive goods to this region. Likewise, Korean companies should expand their investments in automotive parts and machinery in MERCOSUR. Furthermore, Korea should closely study international trading policies of MERCOSUR to clear away any possible obstacles of exports to this region and to prepare countermeasures so as to avoid possible damage from import regulations of MERCOSUR.

• The Korean Journal of Health Service Management
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• v.12 no.4
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• pp.127-138
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• 2018

Objectives: The purpose of this study was to identify the intrinsic strengths and weaknesses, as well as opportunities for success and threats of Korean health care industry when planning strategies to enter Chinese health care market. Methods: To suggest directions for planning the strategies, a SWOT(Strengths, Weaknesses, Opportunities, Threats) analysis was used in combination with an AHP(Analytic Hierarchy Process) in this study. A total of twenty SWOT factors and the relative weight of SWOT groups were examined through a survey on the respondents who have work experiences in the area of entering Chinese market. Results: "Geographical proximity between Korea and China" was recognized as a key strength. "Absence of success case in medical service industry" was selected as a critical weakness. "Increase in demand for advanced medical services in China" was identified as an important opportunity. "Difficulty in establishing Korea-China partnership" was considered as a major threat. The respondents prioritized weaknesses, followed by threats, opportunities, and strengths when conducting strategic planning to enter Chinese health care market. Conclusions: Improving local hospital management plan as well as specializing in certain health care services may be necessary.