• International Commerce and Information Review
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• v.19 no.1
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• pp.155-187
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• 2017

In the US, the Sections 301 of the Trade Act of 1974 are still being used to resolve disputes. The U.S' such unilateral retaliations grounded on the Sections 301 of the Trade Act, in fact, violate the WTO agreements and hinder the development of international trade as the trade partner may assume it as a reprisal move impeding the fair settlement of disputes. Here, this study is going to examine the characteristics and functions of the WTO dispute settlement system briefly and compare the countermeasures recognized to be legitimate by the WTO with the U.S' unilateral retaliation. Also, this author will analyse the US-Japan Automobiles (DS6) and EC-Bananas III (DS27) as one of the typical cases resulted from the unilateral retaliation. According to the result, these cases do not conform to WTO-consistency, and it implies that it is absurd to accept the US' unilateral retaliation internationally. In conclusion, presently, it is a global trend to solidify protectionism, and to vitalize trade and resolve trade disputes efficiently, it is needed to prohibit the recourse to unilateral retaliations and also positively apply the WTO dispute settlement system(DSU) defining rules about how to strengthen the multilateral system.

• 발명특허
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• v.13 no.9 s.151
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• pp.10-10
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• 1988

• Journal of Arbitration Studies
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• v.7 no.1
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• pp.470-490
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• 1997

• Convergence Security Journal
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• v.16 no.7
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• pp.129-137
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• 2016

The guarantee of citizens' safety from crime is the reason for a nation's existence according to the social contract, and it is also a salient task in securing the citizens' right to the pursuit of happiness, which is a constitutional right expressing the nation's duty to its citizens. First, a procedure must be made mandatory that corresponds to the Miranda rule applied during the arrest of criminal suspect, which verifies whether there exists a risk of retaliatory crime to the victim of crime, crime reporter, or witness following their report of a crime or testimony. A measure to punish those who violate this should be devised. The second is the improvement of related laws and systems, such as expanding the scope of persons subject to protection from retaliatory crimes under the current law and strengthening information protection. Third, a retaliatory crime risk evaluation index must be developed, and the evaluation results must be quantified to clearly state measures and responsibilities, in detail, for personal safety at each level of intensity. The fourth is the expanded implementation of proactive personal safety measures for victims of crime and witnesses, as well as the development and application of advanced techniques. The last is a change in the perception s of those working for the judicial body. From the initial investigation stage of the crime to the diagnosis regarding the possibility of retaliation perpetrated on an ex-convict through psychological tests, systems of general cooperation, and mutual assistance must be established.

• Proceedings of the Korea Technology Innovation Society Conference
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• 2017.11a
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• pp.229-248
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• 2017

지속적으로 산업시장이 고도화되면서 산업시장분석 역시 빅데이터 수준의 데이터 증가에 따라 분석 업무의 효율성 재고가 더욱 요구되고 있으며, 분석 관점역시 차원이 증가하며 분석 방법론의 새로운 적용 필요성이 대두되고 있다. 본 연구에서는 활용 가능한 공개데이터베이스의 탐색, 공개데이터 베이스 기반의 산업분석 사례 연구의 분석, 이슈의 선정 및 이슈 관련 산업의 선정, 선정된 이슈와 선정된 산업의 시장분석 주요 주제 파악, 해당 산업의 선정된 분석주제 분석을 위한 영향요인 탐색을 수행하였다. 또한 비공개 데이터를 활용하여 실제 이슈와 관련된 산업의 영향요인을 심층적으로 분석하여 관련 결과를 비교하였다. 이러한 목적에 따라 최근 정치사회적으로 이슈가 되었던 국내 사드(THHAD, 종말고고도지역방어) 배치로 인한 중국의 정치경제적 보복조치로 국내 화장품 산업의 대(對) 중국 수출에 대한 영향을 파악하기 위해 공개 데이터베이스에 기반한 주요 요인을 탐색하고 관련 요인을 파악하였다. 분석 결과 중국의 GDP 대비 재화 및 서비스 수입 비중, 상품 수입액, 인구 15-64세 여성 비중, 도시인구 비중이 지표로써 유의한 것으로 확인되었으며, 이외에 상업서비스 수입 대비 여행서비스비율도 유의미한 지표로 추정되었다. 그러나 사드 보복에 따른 화장품 산업의 중국 수출 규모 심층 연구 결과 중국의 사드 보복에 따른 제도적 조치는 없었으며, 수출 실적 상에서 한국 화장품에 대한 일시적 기간에(2017년 4월, 5월) 수출이 급감하였으며, 이는 한국 화장품에 대한 중국 소비자의 구매의향 및 구매율이 실직적으로 낮아진 것으로 추정되나 6월 이후 중국 화장품 수출 실적은 전년대비 다시 10%이상 성장하면서 지속적인 성장을 이루고 있는 것으로 확인된다.

• Journal of Arbitration Studies
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• v.23 no.2
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• pp.81-113
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• 2013

The World Trade Organization (WTO) offers remedies for non-compliance by the introduction of compensation or retaliation in the Dispute Settlement Understanding (DSU). There are no the provisions under the WTO DSU and it seems unclear what retaliation is attempting to achieve. Therefore, it is unclear whether the goal of WTO retaliation is to induce compliance or to restore the balance between the rights and the obligations of WTO members. It has been claimed the WTO has a strong dispute settlement system by providing retaliation when the recommendations and rulings of Dispute Settlement Body (DSB) are not complied with. But this seems to be inadequate to bring about effective and timely compliance. Especially there is a problem with free riding by a violating member because the level of retaliation is determined from the expiration of a reasonable period of time, providing an incentive to delay compliance. Also the level of the suspension of concessions or other obligations authorized by the DSB is equivalent to the level of nullification or impairment, according to DSU Article 22.4. However, if the member concerned objections to the level of the suspension proposed, the matter shall be referred to arbitration. The arbitrator shall not examine the nature of the suspension of concessions or other obligations to be suspended but shall determine whether the level of such suspension is equivalent to the nullification or impairment. The arbitrator makes an assessment standard of equivalence by comparing the suspension of concessions or other obligations and the nullification or impairment calculated in terms of the amount of trade. But it is necessary that other standards replace the quantitative standards when the level of the nullification or impairment cannot be quantified by concrete damages.

• KOREAN POULTRY JOURNAL
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• v.34 no.4 s.390
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• pp.104-106
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• 2002

미국이 자국내 철강제 수입에 대한 관세부과 조치가 세계적인 문제가 되고 있는 시점에서, 러시아에 수출되고 있는 미국산 닭고기에서 살모넬라 등 위생에 문제가 될 수 있는 병원균이 검출되었다는 보도를 미국은 무역보복조치로 해석하고 있어 무역전쟁을 실감케 하고 있다. 축산물에 대한 안전이 식품의 안전성에 직결된다는 의식을 갖고 있는 우리나라의 배합사료제조회사들은, 자발적으로 가축에게 급여하는 사료에 대한 안전과 위생관리를 위하여 ISO는 물론 까다로운 것으로 알려진 HACCP 제도를 도입하고 있다. 이러한 노력이 종합적이고 기본적인 단계에 해당하는 양계농가에서도 함께 진행될 때 더욱 효과적인 결과를 얻을 수 있으리라 생각되어 살모넬라에 대한 일본의 농가단위 위생대책을 소개한다.

• Asia Marketing Journal
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• v.14 no.1
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• pp.99-130
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• 2012

Service failure and a poor service recovery may lead loyal customers to try to aggressively punish the service firm. We use perceived betrayal and desire for vengeance as the key constructs to understand customer retaliation. Perceived betrayal is defined as a customer's belief that a firm has intentionally violated what is normative in the context of their relationship. And the desire for vengeance is defined as the retaliatory feelings that consumers feel toward a firm, such as the desire to exert harm on the firm. The perceived betrayal and the desire for vengeance are key antecedents of retaliatory behaviors such as vindictive complaining, negative WOM and third-party complaining for publicity. The empirical results suggest that betrayal is a key motivational factor that lead customers to restore fairness by making use of all means, including retaliation. We also find that relationship quality has effect on a customer's response to a failure in service recovery. As the levels of relationship increases, a violation of the proper fairness has a stronger effect on the sense of betrayal experienced by customers. Considerable research has investigated consumer responses to dissatisfaction. But our study examine the response of outraged and highly frustrated consumers. We focus on emotional and behavioral processes that have not been covered by previous dissatisfaction researches and which are unique to outraged consumers caused by extremely dissatisfied purchase experience. It has recently been pointed out by various mass media that the customers not only have positive effects on the company performance but also put the company in crisis. It has often been reported that one customer's dissatisfaction, for example, never ends as it is, and it tends to grow for retaliating upon the company, depending on the level of seriousness of the dissatisfaction. This sometimes leads to a lawsuit against the company. Our study focuses on the customers' emotional and behavioral responses induced by their extreme dissatisfactions. We divided the customer groups into the customers with high relationship quality and the customers with low relationship quality, and the difference between two groups is examined. The objective of this study is to comprehend the causal relationship between the feeling of betrayal caused by the service failure and the retaliatory behavior triggered by the desire of revenge. Our study is divided into three parts. First, a causal relationship between perceived unfairness and the perceived betrayal and desire for revenge. Second, the effect of the perceived betrayal and desire for revenge on the retaliatory behavior is investigated. Finally, the moderating role of relationship quality in the causal relationship between the unfairness in service recovery and the perceived betrayal is analyzed. This study finds the following empirical results. The distributive unfairness, procedural unfairness and interactional unfairness had significant effects on the perceived betrayal. Especially, the perceived distributive unfairness results in the highest perceived betrayal. When the service company does not provide customers proper and sufficient compensation for the failure, they feel the strong sense of betrayal. And in the causal relationship between the perceived betrayal, desire for revenge and retaliatory behavior, the perceived betrayal has significant effects on e desire for revenge. In addition desire for revenge has significant effects on negative word of mouth, retaliatory complaining behavior and publicity of complaints through third group. Therefore the perceived unfairness has effects on retaliatory behavior through the mediation of the perceived betrayal and desire for revenge. Finally the moderating role of relationship quality was examined in the relationship between the unfairness and perceived betrayal. If the customers experienced the perceived unfairness in the process of service recovery, the customers with high relationship quality feel the stronger perceived betrayal than the customers with low relationship quality do. When they experience the double service failure, the customer group with high relationship quality accumulating the sense of trust feel the more perceived betrayal than the customer with low relationship quality who do not have strong trust. The contribution of this study is to find the effect of the service failure on the retaliatory behavior with the moderating roles of relationship quality. The dimensions of unfairness in service recovery is found to have differential effects on the perceived betrayal, desire for revenge. And these differential effect is moderated by the level of relationship quality.

• Korean Business Review
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• v.18 no.2
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• pp.45-60
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• 2005

CSA(Control Self Assessment) is a new internal control technique whose objective is to control the human resource performance, the manager's philosophy, the business ethics, the effective communication and decision making etc. The purpose of this study is to find out if the CSA improve the quality of internal control. With the questionnaire method the following conclusions are reached. 1) Level of the management supports influence the level of the workshop participation. 2) Anonymity during the workshop session influences the level of workshop participation. 3) Level of the organizational committment influences the level of the participation 4) The level of workshop performance significantly influences the level of internal contro improvement.

• International Commerce and Information Review
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• v.15 no.2
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• pp.233-260
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• 2013

Regional Trade Agreements(RTAs) are a prominent feature of the multilateral trading system and have been an important trade policy tool for WTO Members. RTAs has been steadily increasing over the last ten years and this trend will be further strengthened by the many RTAs being proposed and those currently under negotiation. There has been a recent increase in the Regional Trade Agreement (RTA) making it necessary to determine the most effective method for taking advantage of anti-dumping measures between member countries of the RTA. Due to the complexity of anti-dumping laws and abuse of discretion by each nation, however, the basic goal of the RTA has not come to fruition. The results of this study found that the strengthening of anti-dumping measures in the RTA is desirable. A plan to use competition instead of anti-dumping measures must be implemented. For Korea, it will be necessary to develop the fundamentals for the globalization of competitive rules to keep pace with the continuous expansion of FTA.