• International Commerce and Information Review
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• v.12 no.4
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• pp.385-404
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• 2010

The purpose of this article is to examine the Delays of Performance under UN Convention on Contracts for the International Sale of Goods. In theory, there exist three clearly distinguishable categories of breach of contract, namely non-performance, non-conforming performance and late performance. In particular, delays of performance are the most common breach of sales contract including late delivery, late payment or late performance of any other obligation. In this regard, this article examines how parties can, through careful drafting, avoid or minimize legal problems in case of delay in performance. Especially, the export perspective focuses on the seller's interests, which require that sanctions be as lenient as possible if the seller has breached the contract but that there are prompt and adequate sanctions if the buyer has breached the contract. Furthermore, the seller should ensure that a short or medium delay in delivery will not entitle the buyer to declare the contract immediately avoided and take precautions against late payment, including delayed opening of a letter of credit.

• Strategy21
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• s.39
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• pp.5-46
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• 2016

North Korea's 4th nuclear test on Jan. 6 and following developments once again awakened the world into seriousness of the nuclear matters on the Korean peninsula. On March 2, UNSC adopted Resolution 2270 which is complemented by Seoul government's measures such as withdrawal from the Gaesung Industrial Complex (Feb. 9) and announcement of unilateral sanction (March 8). Seoul government also strongly urged the international community to strangle North Korea's 'financial resources.' The U.S., Japan, China, and other countries have issued unilateral sanctions to complement the UNSC measure. South Korea and the U.S. conducted their annual joint military drill (Resolve-Foal Eagle) in the largest-ever scale. North Korea, however, responded with demonstration of its nuclear capabilities and announcement of de facto 'nuclear-first' politics. North Korea test-fired a variety of delivery vehicles, threatened nuclear strikes against South Korea and the U.S., and declared itself as an 'invincible nuclear power armed with hydrogen bombs' at the 7th Workers 'Party Congress held in May, 2016. Considering the circumstantial evidences, the North's 4th nuclear test may have been a successful boosted fission bomb test. North Korea, and, if allowed to go on with its nuclear programs, will become a nuclear power armed with more than 50 nuclear weapons including hydrogen bombs. The North is already conducting nuclear blackmail strategy towards South Korea, and must be developing 'nuclear use' strategies. Accordingly, the most pressing challenge for the international community is to bring the North to 'real dialogue for denuclearization through powerful and consistent sanctions. Of course, China's cooperation is the key to success. In this situation, South Korea has urgent challenges on diplomacy and security fronts. A diplomatic challenge is how to lead China, which had shown dual attitudes between 'pressure and connivance' towards the North's nuclear matters pursuant to its military relations with the U.S, to participate in the sanctions consistently. A military one is how to offset the 'nuclear shadow effects' engendered by the North's nuclear blackmail and prevent its purposeful and non-purposeful use of nuclear weapons. Though South Korea's Ministry of Defense is currently spending a large portion of defense finance on preemption (kill-chain) and missile defense, they pose 'high cost and low efficiency' problems. For a 'low cost and high efficiency' of deterrence, South Korea needs to switch to a 'retaliation-centered' deterrence strategy. Though South Korea's response to the North's nuclear threat can theoretically be boiled down into dialogue, sanction and deterrence, now is the time to concentrate on strong sanction and determined deterrence since they are an inevitable mandatory course to destroy the North' nuclear-first delusion and bring it to a 'real denuclearization dialogue.'

• Korea and Global Affairs
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• v.2 no.1
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• pp.113-136
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• 2018

The purpose of this study is to start from the recognition of the problem of why the sanctions of the international community could not indicate a great effect. In order to find answers to this question, this study focuses on China's aid to North Korea and analyzes the determinants of support for North Korea. Despite a tough international community's sanctions against North Korea, China has taken a dual stance on sanctions and support for North Korea. As for this dual attitude of China, this study approaches the internal and external situation of the support to the North with the rationale for the Two-level game theory. China's sanction against North Korea could be divided into two categories: external factors and domestic factors. These factors include strengthening supremacy in China, checking the US, playing a responsible role in China, securing resources in North Korea, sustaining stable growth in China, maintaining the legitimacy of China's socialist political system, and spreading the Beijing consensus. Based on the analysis of these factors, it could be expected that China's aid for North Korea will be official, informal, or continuous, and it will be difficult for the North to stop supporting North Korea or deteriorating North Korea- China relations.

• Analyses & Alternatives
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• v.1 no.1
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• pp.31-43
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• 2017

The situation in Korean peninsula, globally and regionally, which followed the global huge uncertainty, changed a lot. Because of the political crisis, ROK falls into a chaos. And DPRK goes into a policy changing period by the internal issues, international sanctions and assassination accident in Malaysia, which is confirmed to be DPRK's Supreme leader, Kim Jong Un's half brother. Under this changing circumstances, the perspectives of regarding China and the Korean peninsula, must be undated accordingly. Only by understanding the Sino-US relations, the DPRK nuclear issue and the regional dilemmas can we formulate reasonable policies to contribute to the peace and stability of the Korean Peninsula.

• Journal of the Korean Professional Engineers Association
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• v.28 no.4
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• pp.14-20
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• 1995

Discourses on global environment are not only limited to the matter of simple environmen-tal protection but also going to an imperative that every country should take the environ-mental aspects into more consideration, and if necessary even proceed to modify its own strategies for economic growth. It is because scores of existing International conventions and agreements on environmental caused tend to combine the environmental issues with trade sanctions and financial assistances in order to ensure a mandatory power in pushing themselves through on a global dimension. Particularly noteworthy is the so -called Green Round(GR) which substantially associates the Issues of environmental protection with some sanctions in international trade, its rationale is quite simple. The differentiated production costs rising from the difference in environmental standards among different countries may affect national competitiveness in in-ternational trade, therefore a need does exist to countervail this difference. In reality, however, severe dissention seems to have been exposed between the developed and developing countries around this matter, because national interests and priorities in national goals considerably differ among respective countries. Greenhouse gases such as carbon dioxide which caused global warming are mostly released from the combustion of fossil fuels. The perfect removal of released $CO_{2}$ is impossible with existing technologies, and moreover, it's not payable in economical terms. Therefore it will be more effective and desirable to make more efforts to prevent the release of the $CO_{2}$ it- self through energy conservation involving the development and promotion of clean and high-efficient energy technologies and energy sources, and the development and promotion of new & renewable energy resources, and so on. One of important national tasks In our country is to establish an Energy Policy consider-ing environmental impacts since Korea depends most of its energy consumption on the fossil fuels such as oil and coal.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.615-641
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• 1999

Trade and the environment emerged as a major and complex issue for trade negotiators in the final stages of the Uruguay Round negotiations. The agreements and other international measures employing trade measures and trade sanctions for achieving global environmental objectives are Vienna Convention on the Protection of the Ozone Layer(1985), the Montreal Protocol on Substances that deplete the Ozone Layer(1987), The Framework Convention on Climate Change(1992), the Convention on Biological Diversity(1992), the Basel Convention on the Control of Transboundary Movement of Hazardous Waste and their Disposal(1992), the Convention on International Trade in Endangered Species of Wild Faunna and Flora(1975), the Rio Declaration, the Agenda 21, etc. The texts of the World Trade Organization(WTO) incorporated certain provisions which were designed to reflect some of the environmental concerns are Trade-Related Aspects of Intellectual Properity Rights(TRIPs), Trade-Related Investment Measures (TRIMs), the General Agreement on Trade in Services(GATS), and Technical Barriers to Trade(TBT) There is the possibility of conflict between multilateral environmental agreements and WTO agreements granting waivers against trade measures and sanctions. This remains a possibility, especially between countries which are Member of WTO and which are not Members of the relevant multilateral environment agreements, and countries which are Members of both the WTO and the relevant MEAs. Measures taken under the trade-related provisions of MEAs could potentially give rise to conflicts under obligations arising in WTO texts. If the parties in dispute are WTO members while they are not members of MEAs, the WTO provisions can be granted a certain priority in terms of international norms and vice versa. When the parties concerned are both WTO members and MEAs, it will be rational to grant the WTO provisions a priority. However, such measures should neither constitute a means of arbitrary or unjustifiable discrimination between countries where similar conditions prevail, nor create a disguised restriction on trade. Also any trade measures taken should be necessary to prevent developments in trade from endangering the effectiveness of an MEA and they should be proportional and least trade restrictive.

• Journal of Korean Society on Water Environment
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• v.29 no.1
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• pp.66-73
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• 2013

Total Maximum Daily Loads (TMDLs) system was introduced to manage pollution load of watershed and to improve water quality of unit watershed so that it is possible to protect dringking water soureces. Load allocation observation is the most important factor in TMDLs system. Because if load allocation is not observed, it is difficult to achieve water quality goal of unit watershed. Also it is impossible to improve water quality of the drinking water sources. Therefore it is necessary to apply some kind of sanctions (penalty) in case of excess of load allocation. The sanctions have to be, however, applied differently based on various reduction plan types, i.e., using the reduction load planed in 2nd phase, delay the completion, additional reduction in 2nd phase, error of the pollution sources, etc. Moreover, the penalty load should be properly imposed, lest it should be overburden the provence. The reduction load trade inter province must be restrictively permmitted only the same unit watershed.

• STI Policy Review
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• v.2 no.3
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• pp.1-12
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• 2011

North Korea is now under the pressure of international sanctions due to its nuclear tests, firing of long-range ballistic missiles, the sinking of the ROK naval frigate the Cheonan, and the artillery attack on Yeonpyeong Island that killed four people. To overcome the burden of sanctions North Korea has exerted various efforts to reconstruct its industries. However, it is very unlikely that these reconstruction efforts would produce significant results due to the structural problems of the antiquated infrastructure of North Korean industries. In the future, it is expected that South Korea will have to cooperate with North Korea for the reconstruction of the North Korean economy after the North Korean nuclear issue will be peacefully resolved. South Korean government has to prepare for the reconstruction with careful planning based on analysis of North Korean industries. But, the number of previous studies that have analyzed the technological level of North Korean industries are quite limited. In preparation for the future inter-Korean industrial cooperation, this study tries to analyze the technological level of North Korean industries. The steel industry has been selected as the focus for the main analysis of this study due to the importance of the steel industry as one of key infrastructure industries. Additionally, this study tests the sustainability of the North Korean steel industry by looking into the possibility of whether the North Korean steel industry can sustain or grow while maintaining global competitiveness in the future when the market opens to the world. Such analysis is expected to contribute to the joint prosperity of two Koreas in the short term and the reduction of unification costs in long term.

• Convergence Security Journal
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• v.15 no.5
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• pp.61-70
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• 2015

North Korea invaded South Korea on June 25, 1950 and the armistice agreement was reached on July 27, 1953. After that, there have been about 5,000 provocations large and small. In particular, North Korea attacked a naval vessel called "Cheonanham" on March 26, 2010. After the attack, Korean government announced the sanctions against North Korea, so called "May 24 sanctions". North Korea bombarded Yeonpyeong provocation on November 23, 2010 and they planted wood box mines in the DMZ on August 4, 2015. The explosion of them resulted in injuring two Korean soldiers. In response to this accident, Korean government resumed loudspeaker broadcasting against North Korea in 11 years which had developed as the psychological warfare. After this, North Korea declared "being a state of war" and intensified tension. Suddenly North Korea suggested talks and two countries reached an agreement through inter-Korean high-level contacts. But we should review whether the agreement was reached with ease and in haste. This paper focuses on the North Korea's negotiating tactics and suggests our corresponding directions for the future.

• Knowledge Management Research
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• v.23 no.2
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• pp.169-192
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• 2022

With the spread of Internet personal broadcasting service, the number of personal broadcasting hosts (BJs: Broadcasting Jockeys) and viewers is increasing, and immediate communication between them is also actively taking place. This study examines whether the mechanism to suppress deviant behavior of BJ works effectively and how viewers interacting with BJs affect the intentions of deviant behaviors of BJs. Through the structural equation model, the effect of formal and informal sanctions of deterrence theory on BJs' intention of deviant broadcasting through their policy compliance attitude was investigated. The moderating effect of social pressure on the relationship between BJs' policy compliance attitude and their deviant broadcasting intention was confirmed. A total of 234 data were analyzed by surveying Africa TV BJs. As a result of the analysis, it was found that informal as well as formal sanctions increased the BJs' attitude toward policy compliance. However, it was confirmed that the social pressure perceived by BJs from Internet personal broadcasting viewers reduced the effect of policy compliance attitudes on reducing deviant broadcasting intentions.