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A Study on the Comparison Between China's Anti-Dumping System and WTO Agreement (중국 반덤핑 법규와 WTO 규범과의 적합성 비교 연구)

  • Shin, Sung-Shik;Choi, Hae-Bum
    • International Commerce and Information Review
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    • v.13 no.4
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    • pp.323-349
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    • 2011
  • As China is one of WTO member nations, It has an obligation to have to certainly keep a standard regarding anti-dumping systems deciding in WTO agreements. Nonetheless the Chinese anti-dumping laws is causing legal uncertainty because of insufficient details regulations about the account of dumping margins, the termination of an investigation in case of negligible imports, and sunset review And a part of regulations are disagreed with WTO anti-dumping agreement about price undertakings. Therefore, South Korea should indicate them and urge the Chinese government to revise them so that its anti-dumping Law is agreed with WTO agreement. Aside from this, if the anti-dumping investigation is initiated, South Korea government must observe how the Chinese authorities operates its anti-dumping law that do not agree with WTO agreement, and should prepare the countermeasure accordingly. The analysis of this study is concentrated on the compatibility of the WTO anti-dumping agreement with China's interpretation of the antidumping policy and public law. Also, Including our export company, government agencies, academic circles being related, and international trade advisory agencies must expand opportunity of information sharing.

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Legal Issues of "Zeroing" Practice Based on the Article 2.4.2 of the WTO Anti-Dumping Agreement (WTO 반덤핑협정 제2.4.2조에 의거한 네거티브 덤핑마진 산정 방식("제로잉")의 법적 문제)

  • Chae, Hyung-Bok
    • The Korean Research Institute of International Commerce and Law
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    • v.38
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    • pp.265-302
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    • 2008
  • This paper intends to analyse some legal issues on "Zeroing" which is based on the article 2.4.2 under the WTO Anti-dumping Agreement. "Zeroing" stands for a specific methodology in calculating a general dumping margin for a product in question under which negative individual dumping margins are treated as zero (thus "zeroed") before aggregating all individual dumping margins. The article 2.4.2 of the Anti-dumping Agreement regulates three types of calculating methodology on dumping margin as first symmetrical method(average-to-average: A-A), second symmetrical method(individual-to-individual: I-I) and asymmetrical method(average-to-individual: A-I). However, this article does not have any provisions about the "Zeroing" practice. In their anti-dumping practices, the EC and the United-States calculated dumping margin based on the "Zeroing", but this methodology has been disputed in the Dispute Settlement Body(DSB) of the WTO. This paper analysed their legal problems with some WTO cases in particular concerning EC-Bed Linen, U.S.-Softwood Lumber Zeroing, U.S.-Zeroing(EC) and U.S.-Sunset Review(Japan) cases. On the basis of theses analysis, we can therefore ask some questions as follows; To begin with, although the article 2.4.2 of the WTO Anti-dumping Agreement does not clearly refer to the "Zeroing", how do some developing countries, as the U.S.A and the E.U. calculate dumping margin as the "Zeroing"? Secondly, what is the relationship between the symmetrical method and asymmetrical method to the dumping margin? And if we adopt the zeroing method, what is the different rate to anti-dumping margin? Thirdly, although the Panel decided that the zeroing methodology of dumping margin used by th U.S.A in administrative review between the U.S.A and the E.U, why does the Appellate Body made the decision that the american methodology is incompatible with the WTO Anti-dumping Agreement? Lastly, what will be affected the upper decision taken by the Appellate Body to the DDA negotiation of anti-dumping matters? Even though the WTO Appellate made a decision that the zeroing method is incompatible with the principles of the WTO law, this methodology contains a lot of problems. Some members of the WTO as the U.S.A and the E.U did not officially declare this methodology to abandon, and the debate concerned is arguing. Therefore this paper tried to present the adequate solution in order to promote the zeroing methodology in the international anti-dumping system and practices.

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Tax Incentives for Job Creation and Employment Retention (고용창출과 고용유지를 위한 조세지원제도의 개선방안에 관한 연구)

  • Lee, Byung-San
    • Journal of Digital Convergence
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    • v.13 no.11
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    • pp.133-139
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    • 2015
  • This study is aimed at suggesting the establishment strategy of human resource development through the tax support system under the "Tax incentive limitation law" provided for job creation and employment retention, by which the improvement measurements for utility maximization. The study results are briefly summarized as follows: At first, It's necessary to permit overlapping deduction of the tax favor for encouragement of job creation and employment retention, i.e. tax exemption and tax credit, and to exclude a company from the object for the alternative minimum tax application for maximization of the effect on employment inducement. Secondly, It's necessary to establish tax exemption and a tax credit on the surplus of the minimum wage standard. At last, It's also necessary to abolish, or expand the sunset period of tax support on a large scale to enhance the predictability of human resources management. These discussion are made through the convergence both employment policies and tax laws.

The Implications and Characteristics of the Policies for Park and Green Spaces in England (영국 공원녹지 정책의 최근 경향과 특성)

  • Kim, Yun-Geum;Choi, Jung-Min
    • Journal of the Korean Institute of Landscape Architecture
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    • v.40 no.2
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    • pp.86-96
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    • 2012
  • Recently parks and green spaces contribute not only as a place of leisure but also for environmental welfare, social education, new jobs and $CO_2$ Emissions Reduction. Parks and green spaces are understood as urban infrastructures like roads and rivers. They are also included in social infrastructures like education, culture, and welfare facilities. These changes are applied to policies for parks and green spaces, many governments and local authorities make investments on them. The modification of policies for parks and green spaces in England is a good example about this trend From this view point, this study now deals with the changing process of policies, results, and evaluation. Some implications have been deducted. The first is the inducement in participation in policies and implementation of practices through policy papers. They are more practical than written laws which are composed of abstract sentences and generalizations. Secondly, the status of parks and green spaces is highly raised with the establishment of CABE Space and so on. This organization controls many different policies and programs related to parks and green spaces. Third is the funding for the improvement of parks and green spaces. Fourth, are the short-term measures, such as funding and management, and the long-term measures such as pursuing building of partnership and training. Fifth, the government strives to establish its partnership with the local authorities and communities through a spectrum of support in terms of information, monitoring, and developing good practices among networks. Finally, parks and green spaces are being addressed from multiple directions through the participation of numerous agents like voluntary groups, development companies, communities and so on. Recently, in Korea, the influences of the Sunset Law for Park Site, Landscape Architecture Law, Urban Forest Law, and other related ordinances have encouraged the review on the policies on parks and green spaces needed. However, there are not many studies about them. Owing to these reasons, the cases of England will he helpful.

A Study on the landscape change by Privately-invested Park of Long-term Non - executed Urban Parks by using accumulated viewshed analysis - (누적가시분석(Accumulated Viewshed Analysis)을 이용한 도시녹지 경관변화특성 연구 - 의정부시 장기 미집행 도시공원 내 아파트단지계획을 사례로 -)

  • Jeung, Yoon-Hee;Lee, Sang-Min;Yoon, Hee-Jea;Lee, Dong-Kun
    • Journal of the Korean Society of Environmental Restoration Technology
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    • v.21 no.2
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    • pp.65-75
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    • 2018
  • This study analyzes the characteristics of the urban landscape changes as a result of the introduction of private parks among the long-term uncollected urban planning facilities and enables the analysis of the characteristics of the urban landscape changes as a result of the introduction of private parks, and applied to the private park projects. The DSM with its building was established for the quantitative landscape analysis to examine the view ratio using the stacked visible analysis. The analysis showed that Jikdong Park had a high frequency of view from downtown to green due to its location, and that the development project of a private park on park and town boundaries significantly lowered the view ratio. This implies a large degree of damage to the landscape by development projects provided protection of the view as a natural landscape is of value. Chudong Park also saw its view ratio of views from downtown to the hills green area of Chudong Park was much lower than that of Jikdong Park. And it was confirmed that the ratio of view changes due to development projects was small compared to that of Jikdong Park. In other words, although Jikdong Park and Chu-dong Park were developed in a similar scale in terms of the ratio of views, they were subject to significant damage due to their location characteristics. It is also meaningful to note that the degree of change in the landscape resulting from development projects that could not be found in the assessment or review of the existing Landscape Impact. As private parks are introduced in the urban green belt, apartment development is being pushed for at the edge of the green belt. This study is meaningful in that it is derived based on the calculation that the survey results are derived based on the changes in the views on green areas that urban residents may experience as the private park project is carried out, and it should be introduced based on the calculation of the private parks.

A Study on the Landscape Symbolism of Tongdo-palkyung and It's Narrative Structure (통도팔경(通度八景)의 경관상징성(景觀象徵性)과 서사구조(敍事構造))

  • Rho, Jae-Hyun
    • Journal of the Korean Institute of Traditional Landscape Architecture
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    • v.28 no.1
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    • pp.27-37
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    • 2010
  • This study tries to illuminate the features and values of the Buddhist temple Palkyung by closely examining the forms, structures, and meanings of Tongdo-palkyung(通度八景) handed down at Tongdosa Temple, the best among Korea's Buddhist temples with its three treasures of Buddha, law of Buddha and Buddhist monks. The findings of this study can be summarized as the following. First of all, it reveals the meaning of the geographical name Yeongchuksan(靈鷲山), located to the west of Tongdosa, and a spectacular sight spread like an eagle's spread wings, as well as its location and spatial features. In particular, the arrangement features of a number of attached hermitages clearly show Yeongchuksan's world as being a temple with buddhist treasures. The multi-layered unfolding and centripetal intention of the scenery can be perceived through the shape of the Sshangryongnongju(雙龍弄珠形), around Tongdosa and the feature of the enclosed landscape encircling the steps of Hyeolcheo(穴處) Geumganggyedan. The substances and components of Tongdopalkyung include sound-based spectacles derived from Beoneumgu(梵音具) creating sounds related to religious rituals to enlighten and redeem mankind, such as Yeongji(影池: a holy pond with shadow reflections), drum sounds, and bell sounds along with physical features like pine trees, Dae(臺), waterfalls, Dongcheon (洞天), and a glow in the sky. On the other hand, Palkyung's geographical arrangements exhibit a circular spatial formation based on the main motif as Buddhist symbolism, beginning with the 'Gukjangsangseokpyo(國長生石標)' awakening the territoriality of Tongdosa and locating the first scene 'Mupunghansong(舞風寒松)' in its introductory area, with the features of water, bridge, pine grove, and Iljumun(gate) to stand for the influx. Six other scenes including 'Anyangdongdae(安養東臺)' are placed in the sacred precincts around Daeungjeon and Geumganggyedan while the glow of sunset at 'Danjoseong' just outside the domain closes the symbolic circular formation of the Tongdopalkyung, which coincides with the development of the Mandala figure symbolizing 'Gusanpalhae(九山八海)' centered in Sumisan(須彌山). What is more, Tongdopalkyung, while excluding primary scenic elements inside the temple, maximizes the domain of the mountain's entrance and the effects of the multi-layered mountain, mountain upon mountain, by intensifying the influx and centripetal qualities. The Tongdopalkyung analysis reveals the antithesis of four-coupled scenes conveying buddhist principles and thoughts on the basis of seasons, directions, space and time to display a narrative structural landscape when viewed from the temple's territoriality. Likewise, the characteristics and porch structures of Tongdopalkyung are tools and language of symbols to both externally strengthen the temple's territoriality and to internally, maximize the desires to the Land of Happiness as well as intensify religious wishes and the Mandala's multi-layered qualities through the meanings of time and space.