• Journal of Arbitration Studies
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• v.11 no.1
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• pp.3-35
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• 2001

$\ulcorner$The South-North Joint Declaration$\lrcorner$ of June 15, 2000 made by President Kim Dae Jung and National Defense Committee Chairman Kim Jong Il will contribute to the activation of economic exchange between south and north Korea. To realize the fundamental spirit of the South-North Joint Declaration, the authorities concerned of south and north Korea have reached an agreement titled $\ulcorner$Agreement on Settlement Procedure of Commercial Disputes$\lrcorner$ last December. In this connection, a speedy and reasonable settlement of commercial disputes arising therefrom is becoming a problem of vital importance between south and north Korea. Also, south and north arbitral institutions have to consider a possible arbitration agreement carefully to solve the disputes systematically under the Agreement, which will serve as an example for similar arrangements and possible harmonization in East-West commercial relations. A variety of dispute settlements including friendly consultations, conciliation and arbitration will be used more frequently within the framework of the bilateral agreements of governmental or non-governmental level which have been concluded in the past between socialist and capitalistic economy countries. There is a growing tendency that East-West trade parties recognize and accept the UNCITRAL Arbitration Rules in their contracts. So it is advisable to use the UNCITRAL Rules in arbitrations of south and north Korea in case that the interested parties fail to agree on applicable rules. Finally it should be noted that pre-arbitral settlement called ‘joint conciliation’ should be reflected in the settlement mechanism of commercial disputes between south and north Korean parties as proved to be successful between the U.S. and China trade in the past.

• Korea Trade Review
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• v.41 no.5
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• pp.213-233
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• 2016

In an FTA, rules of origin are decided by an agreement between countries directly involved and provided through a written agreement, considering the characteristics of each industry and the situations of the countries, for the characteristics of each item. The PSR on fishery products by item are broadly divided into an agreement that applies the wholly-obtained criterion and an agreement that applies the Change of Chapter (CC). Fishery products belong to HS Code Chapter 3, which are generally produced through obtaining by raising or fishing. This study compared each agreement from this point of view. For the fishery products caught, an error in the job-related judgment may occur in a situation in which the persons in charge do not have any background knowledge involved with high sea fisheries. Since ships may sail, hoisting the flag of the country of registration according to an international agreement, involved with requirements for the recognition of ships for the judgment of the country of origin, the principle of the exclusivity of the flag state should be taken into consideration.

• The Korean Society of Law and Medicine
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• v.10 no.2
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• pp.343-405
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• 2009

This paper is to discuss essential business of hospital business. While the labor world and ILO made continuous recommendation for improvements towards the compulsory arbitration system along with the controversy over unconstitutionality of the system, the Constitutional Court ruled that the system is constitutional on December 23, 1996(90hunba19) and on May 15, 2003 (2001hunga31). Despite this decision from the Constitutional Court, there has been much controversy over whether the compulsory arbitration system infringes the rights of collective action against the principle of trade union & labor relations adjustment which allows Commissioner of the Labor Relations Commission to decide on submission of arbitration by virtue of his/her authority in case where industrial disputes take place in the essential public-service businesses. The revision on the above provision was closely examined from the year 2003 and an agreement was made on the abolition of the compulsory arbitration system and the introduction of essential business with a grand compromise among labor unions, employers and the government on September 11, 2006 followed by revision(Essential business system enacted on January 1, 2008) of the Trade Union & Labor Relations Adjustment Act on December 30 in the same year. Accordingly, in order to perform the essential business, parties to labor relations must have an agreement or obtain a decision by the Labor Relations Commission before taking industrial actions. This paper firstly examined the concept of essential public-service businesses and essential business, legal meaning of essential business, procedures for making agreement and decision and legal effects. Secondly it intensively explored a theory against the principle of the legality which was raised from some part of society. In other words, it is claimed that a theory against the principle of the legality is not consistent with the rule of legislation and some abstract wording is against void for vagueness doctrine because part of crime constitution requirements is delegated to the Presidential Decree or to consultation among parties to labor relations. But analysis on the rule of legislation and void for vagueness doctrine reflected in the decision by the Constitutional Court led that argument for a theory against the principle of the legality is not reasonable. Close examination was done on a formal act of essential business agreement and necessity of prior agreement before submission of decision to the Labor Relations Commission which might have difficulties in performing work. In addition, an example agreement on hospital essential business is attached to help you understand this paper better.

• Journal of Korea Technology Innovation Society
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• v.8 no.spc1
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• pp.391-409
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• 2005

Free trade agreements have fast grown into a global phenomenon and their impact and repercussions are felt more strongly everyday. Korea, joining this large trend of the global economy, is currently pressing ahead with its negotiation rounds for FTA. In this paper, we focus on the e-commerce sector affected by the Korea-Singapore FTA, and the main issues and the future countermeasure directions of e-commerce on FTA has been analyzed. In conclusion, FTA is not an option even though there are still many remaining issues to be discussed regarding its effects. We identified countries excluding themselves from FTA are losing international competitiveness, and moreover, the losing competitiveness will end up more serious problems since the importance of FTA is especially high for e-commerce, as e-commerce accounts for a growing share of international trade. This paper also discusses the far-reaching potential consequences of the content of an international agreement at a government-to-government level on the economy and industry of a country by presenting past examples from. Korea, and recommends that policy-makers should exercise extreme vigilance in their negotiation of terms and conditions for FTA.

• Korean Journal of Poultry Science
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• v.39 no.4
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• pp.269-271
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• 2012

The chicken has been growing in Korea for more than a thousand years according to the history book and commercially rising for broiler meat only since 1960's. As income increased mainly due to improved economy, it changes the habit of eating especially chicken meat. The structure changes into a coordinated production and marketing system which forced the prevailed small and independent producers to become a contract farmer under the vertically controlled practices. This coordinated structure began in 1970's and evolved continually to occupy around 90 percent of the market in 2010 with some ten (10) private brands being advertising. The industrial organizations have also conducted the generic promotion by a farmer's check-off program. Over the past 20 years, chicken import steadily increased to meet about 25 percent of the domestic market while the export showed negligible growth. As a whole, the structure change and international trade devoted to increased chicken consumption from 2 kg with the independent operation to 11 kg currently under the coordinated system and import. It is predicted that chicken consumption will grow in years to come and the import will also increase in addition to local productions, considering the free trade agreement that has already been in practice with EU and US to open the market eventually from all sources of supply worldwide.

• Korea Trade Review
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• v.45 no.5
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• pp.181-200
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• 2020

The Korea-Canada FTA and the EVTA have adopted cross-cumulation clauses in their rules of origin, aiming at the enhancement of the value chains among the FTA parties. In fact, intricate rules of origin are often considered as the major cause that discourages the utilization of the agreement for the exporting firms. From this perspective, the correct understanding of cross-cumulation clauses in FTAs is an urgent mission for the Korean exporters as well, and the EVTA, which has recently introduced the cross-cumulation method in a linkage with the Korea-EU FTA provides the timely motivation. This paper first analyzes the Korea-Canada FTA of 2015 as for the case study, because this is a unique trade agreement for Korea that has already adopted the cross-cumulation clauses. It is concluded that the clause is rather vague, particularly in certifying the origins of the intermediate goods from the territory of an authorized third party. From this perspective, the recently-ratified EVTA is particularly important and meaningful with its clearer explanations for the utilization of the privileged rules of origin. The paper finalizes the study by making policy suggestions to the stakeholders, expecting more future FTAs to come equipped with similar cumulative rules of origin, and implies the possibility of the modification of the current clauses in the FTA with Canada.

• Journal of Korea Trade
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• v.25 no.1
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• pp.89-111
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• 2021

Purpose - The U.S. Trade Preference Expansion Act (TPEA) of 2015 enables the US Department of Commerce (DOC) to inflate dumping margin when the particular market situation (PMS) exists in the exporter's home market. DOC applied PMS provisions to the steel products from Korea. This paper analyzes whether DOC's calculation by using the regression analysis is consistent with WTO rules. Design/methodology - This paper analyzes the PMS application in law and regression analysis that extends the data period from 10 years to 18 years using the same economic model with DOC, and changes the country group according to the quantities of steelmaking capacity. Findings - Results show that DOC's argument conflating the sales-based with cost-based PMS designed to inflate dumping margins might not be consistent with WTO Antidumping Agreement Article 2.2 and 2.2.1.1 in which costs shall normally be calculated on the basis of records kept by the exporter, providing generally accepted accounting principles and reasonably reflection of the costs and PMS that exists in the Korean steel product markets. Even if it will be consistent, DOC's calculated margin by the regression analysis using a 10-year data is a big gap (5 times) compared with an 18-year data projection and different countries' data through the same methodology, which is a huge gap of regression coefficient. It means that dumping margin would be very wide range from 7.8% to 38.54% and unstable to calculate. Inflating dumping margin by DOC using regression analysis would not only be inconsistent with WTO rules, but also projection result is unreliable. Originality/value - Literature papers have mainly analyzed WTO law itself. This paper however, would be the first attempt to analyze the DOC's new way of dumping margin calculation in both manners of law and an empirical methodology perspective at the same time.

• Journal of Families and Better Life
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• v.27 no.6
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• pp.83-94
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• 2009

This study examined the expectations and attitudes of urban Korean consumers with respect to the Korea-USA Free Trade Agreement (FTA), which was drafted on April, 2007. The data were collected through online surveys in which 527 adults answered structured questionnaires. The results showed that the number of consumers who favored the Korea-U.S.A. FTA was almost twice the number of those who objected to it. Most of the consumers surveyed expected not only positive effects but also negative ones from the FTA, and the more consumers expected positive effects from the FTA, the more they tended to have positive attitudes toward the trade agreement. The effects of consumers' individual characteristics on their expectations and attitudes were also analyzed in this experiment.

• Journal of Arbitration Studies
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• v.24 no.2
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• pp.183-197
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• 2014

1. This study focuses on recent developments of trade transaction between Korea and China. The volume of trade is most rapidly increasing. There have been many items considered to ensure the proper, impartial, and rapid settlement of disputes in private laws by international arbitration. The article contains recent tendencies and proceedings of cases including place of arbitration, language, and so on. 2. The contract made between parties has led to some interpretational, legal questions. Interpretational questions rise mainly from differences of legal systems and legal questions on applying law. The characteristic features of the contract have different meanings, so some articles of the contract can be construed unlawful as a result. 3. As regards the Arbitration Act of Korea, Article 10, the Arbitration Agreement and Interim Measures by Court stipulate the following: A party to an arbitration agreement may request from a court art interim a measure of protection before or during arbitral proceedings. This article examines the application of Article 10 of the Arbitration Act of Korea.

• Journal of The Institute of Information and Telecommunication Facilities Engineering
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• v.8 no.4
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• pp.163-169
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• 2009

Recently, the concern of the FTA (Free Trade Agreement) have shifted to the promotion of the professional service's trade via the bilateral and reciprocal agreement of its professional laws. In the construction industry, this policy has intended to make the standardization of the construction manager's profession in the world. The purpose of this paper is 1) first to define the general model of professions in the U.S., UK and Japan, 2) then to declare the construction manager's model of the profession in them to apply the general model of professions, and 3) finally to analyze the identity of Korean construction managers and acquirement of its construction manager's law comparing with construction manager's model of the profession in the U.S., UK and Japan.