• Journal of Arbitration Studies
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• v.20 no.1
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• pp.133-167
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• 2010

The enforcement of commercial arbitration awards in the People's Republic of China is one the controversial obstacles faced by foreign investors in China. The foreign investor will fail to enforce the arbitration award, if the Chinese court refuses the enforcement in China, even if the arbitration tribunal rules the award in favor of foreign investor who is in dispute with Chinese partners. In Korea, we have not many researches in the enforcement of foreign related awards and awards ruled by other jurisdiction. In recent times, Professor Kyung-Ja Cha(2005) and Professor Sun-Jeong Kim(2008) analyzed the enforcement of arbitration awards in China. Professor Kyung-Ja Cha(2005) reports the details of the enforcement statistics of CIETAC during 1990s. Professor Sun-Jeong Kim(2008) analyzed the obstacles of the enforcement of foreign related awards in China. This paper extends their researches in the field of the enforcement of arbitration awards in China. First, this paper extends Professor Kyung-Ja Cha(2005)'s study by introducing the Chinese enforcement situation during the period of 2000-2007. Second, this paper extends Professor Sunjung Kim(2008) emphasizes the local protectionism and the weakness of judiciary as key factors of obstacles to enforce the foreign related awards in People's Republic of China. This paper, additionally, highlights the role of the Guanxi and the antagonism of court toward arbitration institution to enforce the foreign related awards in People's Republic of China. Third, this study provides the recent developments of Supreme People's Court(SPC)'s rules to narrow down the gap between the practices of international arbitration and those of People's Republic of China. The Implications of this study are as follows. First, it is desirable for foreign investors to appoint the CIETAC or BAC as the arbitration commission in China. Second, the local competent attorney is the best choice to solve the respondent's insolvency in China. Third, foreign investors is required to monitor the provisions on the electronic instruments such as EDI and Email in Chinese law.

• Ocean and Polar Research
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• v.30 no.4
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• pp.427-444
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• 2008

The most important bases of maritime laws in China are laws enacted by Constitution, a legislative institution of National People's Congress and Legislation of NPC Standing Committee. However, in reality, the institution, which become the basis of Chinese marine policy and leads overall maritime affairs, is a State Council of the Chinese central government and many objects of our researches on Chinese marine policy and laws are composed centering on this administration law. Therefore, in understanding Chinese maritime laws, it becomes an important prerequisite to understand relevant laws (statutes), administration law, statutes of local province, mutual authority relationships of these legislative institutions, and interpretation authority regarding laws (statutes). In May 2003, Chinese State Council ratified and declared ${\ll}$Guideline of the national maritime economic development plan${\gg}$ and this is the first macroinstructive document enacted by the Chinese government for promoting maritime economy in integration development. This plan guideline shows very well a new policy and deployment direction of maritime policy in China. China is already striving to lead its maintenance stage of domestic legislation into a new stage under the UN maritime laws agreement system and this is an expression of intention to take national policy regarding the ocean as a new milestone for the national economy through concurrent developments in various fields such as national territory, economy, science technology, national defense, and maritime biology. In this point, Chinese maritime policy and maritime legislation provide lots of indexes of lessons in many parts. In particular, regarding Korea, which has to solve many issues with China in Yellow Sea, East China Sea, and Balhae, we have to realize that we can maximize national interest only with a systematic approach to research on changes of domestic policies and maritime legislation within China. In addition, in understanding Chinese maritime related laws, we have to realize it is an important task to not only understand legislative subjects for mutual creation of order within the entire frame of law orders of China but also to predict and react to direction of policy of Chinese domestic legislation through dynamics of these subjects.

• The Journal of the Korea Contents Association
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• v.14 no.9
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• pp.236-246
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• 2014

Most countries have been promoted the legislative policy for the legal employment, causing a social conflicts by illegal immigrants in any countries. Despite the efforts to alleviate the illegal aliens, there are not nearly enough successful cases, and encounter a social problem about illegal stay worker. China is no exception. At present, the issue of China's foreign illegal employment is expected to be a social problem in the present and the future. However, the legislative policy against immigration control law and illegal foreign employment in China is very neglectful. There is a lack of adjusting rule of law on illegal foreign workers in China, and the remedy is also insufficient. It is necessary to secure a legal right for the protection of the Rights of illegal foreign workers based on the international norms. For this purpose, the illegal foreign workers related law should be enacted, and based on this, administration should be strengthened. The trend of major countries of illegal aliens is centered around an employer hiring strictly regulated. There is a need to have a strengthen regulation on the employer rather than the foreign workers in China. To this end, employer who hire illegal foreign workers should be required to receive considerable disadvantages such as penalties and fines, prison sentences, as well as various kinds of burdens and repatriation costs. It is necessary to run the voluntary repatriation(Freiwillige $R\ddot{u}ckehr$) program of illegal immigrants, and there is a need to take action for illegal immigrants who voluntary return home within a certain period are exempt from penalty. In conclusion, China must push ahead with a direction of positive policy in related ministries rather than sit on its hands on the wrong choice or a confusion of an employer and foreign workers with a policy on illegal foreign residents in limbo.

• Natural Product Sciences
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• v.10 no.6
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• pp.310-314
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• 2004

This is the re-arrangement of the 2004 Asia Nutrition & Dietary Supplement Conference organized by ABF(The Asia Business Forum) in Singapore, especially regulatory view of point of health functional foods for Korea, Japan, and China. Foods that may have health benefits beyond the traditional nutrients that they contain are often called 'Functional Foods'. The concept of functional foods has become popular in recent years, first in Japan and later in other countries, including the USA. In USA, The functional foods was controlled by ACSH (the American Council on Science and Health). In Korea, 'Functional Foods'. was defined on the 'The Law for the Health Functional Foods'(Law No. 6727 : effective as of $26^{th}$, Aug. 2002). KFDA(Korea Food and Drug Administration) is the only authority body for approval, advertisement and claims for the Health Functional Foods in Korea. In Japan, the Japan Health Food and Nutrition Food Association controls the approval, regulate functional foods' advertisement and claims under the name of FOSHU (Foods for Specified Health Uses). In China, the State Food and Drug Administration(SFDA) is the only authoritative organization for the application, supervision and administration of health related products. Asia, especially Korea, Japan and China, is one of the leader in the vitamins and dietary supplement(VDS) market. Regulatory issues on restrictions are the most important how to tap into the health functional foods market including Korea.

• Journal of Navigation and Port Research
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• v.46 no.2
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• pp.99-109
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• 2022

A report released by the Chinese Maritime Court found that the natural environment and other objective factors have greatly reduced the risk of ship collision accidents with the advancement of technologies. However, collisions between merchant ships and fishing boats occur frequently along the coast during fishing seasons, which should be highly valued. International conventions and domestic legislation in China comprise detailed laws with respect to ship collisions, but the theory of ship collision infringement needs to be improved, enriched, and developed. Meanwhile, the development of the tort liability law provides theoretical support for ship collision infringement. As far as China's ship tort legal system is concerned, the research on ship collision tort damage compensation is relatively extensive, and the constitutive elements and causality of ship collision tort liability have also been studied in depth. The purpose of this paper is to explore the domestic legislation applicable to disputes related to ship collisions in China. As these laws are unclear on the resolution of disputes resulting from ship collisions, significant attention has been focused on the final judgments by the Supreme Court of China (SPC), as well as the judicial judgments set by the Maritime Court of China.

• International Commerce and Information Review
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• v.12 no.3
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• pp.197-221
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• 2010

China has experienced repid economic growth since it opened its economic market. Apparently, China tends to follow the worldwide trends and it plans to play a leading role in the world. As China has become a global manufacturing center as well as a manufacturing powerhouse with its high economic growth rate, China's logistics industry has entered a stage of fast growth and the demand of logistics infrastructure and third party logistics service are increasing rapidly. This study is to present some efficient entering strategies of Korean logistics firms in China by examining the current situations of logistics industry in China and some business strategies of international logistics firms in China. From the research which sees consequently investigated a various policy, a system and a law about chinese logistics industry and present condition of the Chinese goods enterprise and instance analysis of the large Chinese corporation that branch out to undeveloped markets led and a Chinese logistics industry and problem point escape hereafter the heightening of competitiveness plan which is rational under presenting boil.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.141-160
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• 2015

With the steady growth of our nation's economy, the purchase power of our domestic citizens has continuously enhanced. In recent years, online overseas shopping has rapidly warmed up, increasing number of Chinese people have started to purchase overseas products via internet. According to China's current legislation, the imported goods are divided into goods and items based on "profitability standard", and regulated by different rules of clearance supervision and import duties. Goods can't pass through custom and pay duties in the form of items, and the import duties burden of goods is generally much heavier than that of items. Goods of entrusted overseas shopping pass through custom and pay duties in the form of items, but goods of profitable purchasing are goods, not items. Therefore, the profitable-purchasing behavior is smuggling. Although goods of unprofitable purchasing are items, unprofitable-purchasing behavior may also constitute smuggling. The author concludes that causes of smuggling crime are: huge market demand for overseas goods, lack of customs supervision, law blank of petty foreign trade, and public's misconception of entrusted overseas purchasing are the major factors. The author proposes the corresponding preventive measures against the crime, such as to establish an one-stop service system in online Shopping Mall, to modify the Passengers' Baggage Declaration Form, to establish a relatively simplified clearance system of small cargo, to establish a relatively reasonable import duties of petty trade.

• Journal of architectural history
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• v.28 no.1
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• pp.17-24
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• 2019

Korean-Chinese is one of the 56 minority groups in the People's Republic of China. Korean-Chinese is the same origin as the Korean Peninsula. In the mid of 19th century, they, who lived in a part of Joseon, suffered with nature disasters and poverty, therefore they offended against the law, immigrated, and started farming in Ching Dynasty, which is northeast China in the present. Later, Korean's individual and mass migrations were happened around coastland of Tumen River and Yalu River with the connivance of the law. This thesis is a consideration of how the Korean-Chinese has adapted before and after the liberation from Japanese colonial era to the Chinese socialism and What their Residential Plan Composition and Plan Types in the village. Based on the field research and literature research, introduces the village history, Plan Composition and sample Plan types. Then, Based on this research, it will be the foundation of the future study of the Korean-Chinese's villages and planning study to conserve the villages.

• Journal of Arbitration Studies
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• v.33 no.4
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• pp.37-67
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• 2023

Arbitration is a just and efficient method for resolving economic disputes. It adapts to the needs of economic development and is an important institution in today's society. Around the world, a tradition of resolving disputes through arbitration spontaneously developed in ancient times and gradually evolved into a legal system with the development of jurisprudence starting from the Middle Ages. In China, formal legislation on arbitration began in the modern era during the Republic of China period. However, the origins of arbitration as a method for resolving disputes can be traced back to ancient times, during the Qin and Han dynasties. The most significant modern arbitration legislation in China is the "Arbitration Law" enacted in 1995, which drew on the experiences of foreign arbitration laws. Despite this, there are still many areas in arbitration legislation that require improvement based on practical experiences. Currently, revisions to the Arbitration Law are underway, and historical experiences may offer valuable insights, assisting in better integrating the Arbitration Law with Chinese society. This article primarily focuses on the role and impact of the imported modern commercial arbitration system in China and how it can be harmonized with China's legal culture in the future.

• Proceedings of the Korean Institute of Navigation and Port Research Conference
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• 2009.10a
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• pp.281-282
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• 2009

It is said that China's maritime organizations are large-scaled and complicated things, so-called 5 dragons in Chinese ocean. Therefore that has caused several matters and inefficiency in many maritime fields. However Chinese leaders have acknowledged the importance of ocean and have pursued consistent policy in their ocean, for example, 5.11 project, national ocean development plan etc, As a neighbouring country contrasting with China on Yellow Sea, Korea shall study China's ocean policy and their features in maritime organization in order to prepare for the intense competition in future at sea.