• Title/Summary/Keyword: sanctions

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Is the U.S. Trade Expansion Act Section 232 Consistent with GATT/WTO Rules? (미국 무역확장법 제232조 조치는 GATT/WTO 규정에 타당한가?)

  • Yin, Zi-Hui;Choi, Chang-Hwan
    • Korea Trade Review
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    • v.44 no.1
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    • pp.177-191
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    • 2019
  • Global trade protectionism has increased further and U.S. priorities and protectionism have strengthened since Trump took office in 2017. Trump administration is actively implementing tariff measures based on U.S. domestic trade laws rather than the WTO rules and regulations. In particular, the American government has recently been imposing high tariffs due to national security and imposing economic sanctions on other countries' imports. According to the U.S. Trade Expansion Act Section 232, the American government imposed additional tariffs on steel and aluminum imports to WTO member countries such as China, India, and EU etc. on march 15, 2018. Thus, this study aims to investigate whether the U.S. Trade Expansion Act Section 232 is consistent with GATT/WTO rules by comparing the legal basis of US / China / WTO regulations related to Section 232 of the U.S. Trade Expansion Act, and gives some suggestions for responding to the Section 232 measure. As the Section 232 measure exceeded the scope of GATT's Security Exceptions regulation and is very likely to be understood as a safeguard measure. If so, the American government is deemed to be in breach of WTO's regulations, such as the most-favored-nation treatment obligations and the duty reduction obligations. In addition, American government is deemed to be failed to meet the conditions of initiation of safeguard measure and violated the procedural requirements such as notification and consultation. In order to respond to these U.S. protection trade measures, all affected countries should actively use the WTO multilateral system to prevent unfair measures. Also, it is necessary to revise the standard jurisdiction of the dispute settlement body and to explore the balance of the WTO Exception clause so that it can be applied strictly. Finally, it would be necessary for Chinese exporters to take a counter-strategy under such trade pressure.

A Study on the Utilization Strategy of Footwear-only Complex for the Kaesong Industrial Complex: Using SWOT-AHP Analysis Method (개성공단 신발전용단지 활용 전략에 관한 연구: SWOT-AHP 방법으로)

  • Jang, Dogyu;Chun, Dongphil
    • The Journal of the Korea Contents Association
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    • v.21 no.8
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    • pp.184-200
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    • 2021
  • This study proposes to secure the necessity and possibility of creating a footwear-only district utilizing the Kaesong Industrial Complex, a special economic zone in the North Korea. This is a policy proposal to explore strategic values for revitalizing the Korean footwear industry through a win-win cooperation model between the South and North Korea. With SWOT-AHP analysis method, we are planning to establish a strategy to utilize the footwear-only complex in Kaesong Industrial Complex for sustainability of the footwear industry. It presents a direction to overcome the industrial structural problems that the domestic footwear industry is facing with the aspect of the possibility of inter-Korea cooperation. As a result of the analysis, the 'SO strategy' is a proposal to establish inter-Korea cooperation K-shoe belt through footwear clusters in the two Koreas. The 'WO strategy' is an internationalization strategy of the Kaesong footwear-only complex. The 'ST strategy' is the use of flexible governance in the creation of a footwear-only complex for the relief of sanctions against North Korea. The 'WT strategy' is a paradigm shift in the perception of the peace economy in the footwear industry of inter-Korea for the re-opening of the Kaesong Industrial Complex.

A Study on the Operational Problems and Improvement Plan of the Domestic Violence Punishment Act through Domestic Violence Crime Information Analysis

  • Yoon, Hyun-Seok
    • Journal of the Korea Society of Computer and Information
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    • v.26 no.11
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    • pp.227-232
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    • 2021
  • The 「Act on Special Cases concerning the Punishment of Crimes of Domestic Violence」 still has various problems in the legal system and enforcement process. Contrary to the original intention of the legislation, it is operated very passively in terms of state intervention and punishment of domestic violence actors in actual operation. Even if it is treated as a home protection case, if you look at the details of the protection disposition, there is a problem that the decision on the protection disposition is biased towards a specific type of protection disposition. In order to improve this, the need for cooperation and active intervention between state agencies is required. In addition, it is necessary to establish a legal basis for a request for personal protection by recognizing the status of a victim who reported domestic violence as a crime reporter. In addition, in order to secure the effectiveness of the protective disposition, it is necessary to strengthen sanctions for non-compliance or violations of the protective disposition.

Guarantees of Applying Disclosure and Transparency on the Companies Listed in the Saudi Capital Market

  • Moanes, Hani Mohamed
    • International Journal of Computer Science & Network Security
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    • v.22 no.4
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    • pp.274-284
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    • 2022
  • By explaining the essence of corporate governance as well as disclosure and transparency, the study examined the guarantees of applying disclosure and transparency to firms listed on the Saudi stock exchange. The research also addressed the disclosure and transparency duties of firms listed on the Saudi stock exchange. Finance to prepare a prospectus, as the Capital Market Authority's regulations required that the prospectus includes information that enables the investor in securities to make his investment decision based on real foundations based on the issuing company's financial position and to ensure that companies fulfill that disclosure in the prospectus. Firms who fail to disclose are required by law to do so, and the Capital Market Authority's laws mandate companies listed on the financial market to regularly report fundamental events linked to the issuer or the securities issued by it. The Capital Market Authority must make it available to the public dealing with the business issuing the securities, and The Capital Market Authority's Law and Regulations have imposed fines on corporations that do not comply with disclosure and make the Board of Director's report available. The research focused on activities that the legislator deemed to be a breach of the obligation of openness, such as the danger of many measures aimed at ensuring the impartiality and transparency of trading in the Saudi financial market, as well as the absence of conflicts of interest. The research also addressed the sanctions imposed on The source for failing to meet the obligation of disclosure and openness, as well as the mechanisms of compensating persons harmed by the failure to meet that responsibility.

A Study on the Crimes Using NFT in P2E (P2E내 NFT를 이용한 범죄에 관한 연구)

  • Song, HyeJin
    • Journal of the Society of Disaster Information
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    • v.18 no.3
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    • pp.600-608
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    • 2022
  • Purpose: The purpose of this study is to examine the types of crimes taking place using NFT in P2E games, and to devise measures to prevent crimes and legal sanctions between the government and companies. Method: In order to classify crime types in the metaverse, crime types were analyzed based on the results of previous studies and current incidents. Results: Most of the crimes taking place through NFTs in P2E games are hacking, money laundering, and copyright issues. Although games are regulated in Korea, these are crimes that can occur if game regulations are loosened in the future. Therefore, crime types were classified into hacking, money laundering, tax evasion, copyright issues, and game speculation, and various cases of damage have already occurred in foreign countries. Conclusion: Currently, no crimes are occurring in Korea due to game regulations, but as seen in foreign cases, large amounts of hacking and money laundering using NFTs are taking place in Korea. this will have to be provided

International Laws for the Prevention of IUU Fishing and Improvement Plans for Related Law Systems in Korea (IUU 어업 방지를 위한 국제적 규범과 우리나라 관련 법제의 개선방안)

  • Yang, Gi-Ju;Kim, In-Guek
    • The Journal of Fisheries Business Administration
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    • v.53 no.3
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    • pp.43-64
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    • 2022
  • Efforts to prevent IUU fishing began in 1996 as the IUU Antarctic Marine Living Resources Conservation Committee reported the multilateral efforts of the international community and related international organizations to prevent IUU fishing. Korea has recently been pointed out by the international community as to many problems regarding its will to eradicate IUU fishing. It is true that Korea has ever been designated as an 'IUU participating country' or a 'non-cooperative third country' by the international community and that there have been considerable difficulties in exporting seafood and using ports along with the deterioration of the national image. In 2020, with the efforts of related organizations and fisheries companies, Korea is now free from being known as a that Korea has recovered some degrees of trust from the international community through strengthening legal sanctions against IUU fishing and thorough implementation of follow-up measures is now free from non-cooperating country it cannot be said that the basic problems have been completely resolved just because it has emerged as a disgraceful country, and the current state of IUU fishing of Korea leaves a room for designation as a 'non-cooperative third country' again at any time in the future. Accordingly, there is an urgent need to examine the problems of the IUU fishing-related legal system in Korea and to come up with an improvement plan. Therefore, this paper reviews international norms for IUU fishing regulation (PSMA etc.) and domestic laws with the Distant Water Fisheries Development Act and Propose the improvement methods for related legal systems in Korea.

Russia-Ukraine War and a Change in the International Order (러시아-우크라이나 전쟁과 국제질서의 변화)

  • Jang, Seho
    • Analyses & Alternatives
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    • v.6 no.2
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    • pp.5-36
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    • 2022
  • The Russia-Ukraine War was a "three-layer compounded war" between the US and Russia, Russia and Ukraine, and Ukrainian government forces and rebels. First, the war is a phenomenon that occurred when the western sphere of influence seeking to maintain and strengthen the liberal international order and the Sino-Russian sphere of influence seeking a new alternative order collided in Ukraine, a geopolitical fault zone. Second, this war is the result of a typical 'security dilemma' phenomenon caused by the 'chain reaction' game of NATO's continuous expansion and Russia's response. Third, the Russia-Ukraine war was caused by the Russian military projection to prevent the military restoration of Donbas region by Ukraine. Until now, the Western world, led by the US, showed unexpected solidarity after the war despite subtle differences in positions. However, the non-Western world, including China, is not participating in the condemnation and sanctions against Russia. This war will be an important turning point in the existence and change of the current international order that has been formed and is operating since the end of the Cold War. The direction of maintenance/restoration, revision/change, and end/transformation of the current international order is highly likely to be determined depending on the development pattern and method of ending the war.

The Impact of IS Policy and Sanction Perceptions on Compliance Intention through Justice: The Role of Justice Sensitivity (정보보안 정책 및 제재 인식이 공정성을 통해 준수 의도에 미치는 영향: 공정 민감성의 역할)

  • In-Ho Hwang
    • The Journal of the Korea institute of electronic communication sciences
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    • v.18 no.2
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    • pp.337-348
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    • 2023
  • As protecting organizations' information assets affects their substantiality, they are increasing their investments in policies, regulations, and technologies for systematic information asset management and protection. This study confirms the impact on information security(IS) compliance from the perspective of employees who apply IS policies to actual work. In particular, this study identifies mechanisms linked to IS policy awareness, sanction, justice, and IS compliance from the perspective of expanding deterrence theory. We applied 316 samples obtained from workers of organizations that applied IS policies and regulations to work and verified the relationship between mechanisms by using AMOS and SPSS packages. As a result of the verification, IS policy awareness had a positive effect on organization justice and compliance intention through the severity and clarity of sanctions. Individual justice sensitivity had a moderating effect on the cause and outcome of justice. The sanction-related mechanism presented in this study provides strategic implications for organizations that require active IS activities by insiders.

Social Engineering Attack Characteristics and Countermeasure Strategies of Major Threat Countries (주요 위협국의 사회공학 공격특징과 대응전략)

  • Jeewon Kim
    • Convergence Security Journal
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    • v.23 no.5
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    • pp.165-172
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    • 2023
  • Nation-state social engineering attacks are steadily being carried out as they are highly effective attacks, primarily to gain an advantage over secret information, diplomatic negotiations or future policy changes. As The Ukraine-Russia war prolongs, the activities of global hacking organizations are steadily increasing, and large-scale cyberattack attempts against major infrastructure or global companies continue, so a countermeasure strategy is needed. To this end, we determined that the social engineering attack cycle excluding physical contact among various social engineering models is the most suitable model, and analyzed the preferred social engineering attack method by comparing it with geopolitical tactics through case analysis. AS a result China favors phishing attacks, which prefer quantity over quality, such as man-made tactics, Russia prefers covert and complex spear phishing reminiscent of espionage warfare, and North Korea uses geopolitical tactics such as spear phishing and watering holes for attacks on the US and South Korea Most of the other countries aimed to secure funds with ransomware. Accordingly, a Clean Pass policy for China, periodic compulsory education in Russia, and international sanctions against North Korea were presented as countermeasure strategies.

Comparative Study on the Aviation Monetary Penalty in Korea and the United States (한·미 항공 과징금 제도의 비교)

  • Lee, Chang-Jae
    • The Korean Journal of Air & Space Law and Policy
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    • v.35 no.2
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    • pp.41-74
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    • 2020
  • The monetary penalties system inherently has efficiency as DNA. In the event that administrative measures to recover unfair profits from businesses that violate the law, deprive business licenses, or order to suspend business, infringe the interests of ordinary consumers, a system that can achieve the same effect through financial sanctions. It is a monetary penalties. In addition, it is convenient for the government because it takes effect only by the administrative agency's unilateral imposition order compared to the trial process, which takes a long time and huge cost to prove the illegality. However, it is questionable whether procedural legitimacy is well established in Korea's aviation monetary penalties. Compared to foreign legislation, Korea's aviation monetary penalties system need to be improved. This paper was for the purpose of studying the improvement direction of the monetary penalties system disposed of in the Korean aviation field. This study suggests the direction by examining the US system, which is an aviation advanced country, in the aviation safety area. The research was conducted with the intention of exploring the direction as follows: First, the characteristics of the Federal Aviation Administration (FAA) aviation administrative sanctions and the US aviation penalty system will be outlined. Furthermore, with the recent paradigm shift in aviation safety management, this paper tried to look at new trends that focus on autonomous reporting of aviation safety as a proactive and preventive measure in conventional post-airline accident management administration, focusing on various systems including ASAP. This article also reviewed the formal process for imposing monetary penalties adopted by the FAA. Based on the above review, this paper also looked at ways to improve the reporting system for aviation safety in Korea.