• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.13
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• pp.469-492
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• 2000

"International Safety Management(ISM) Code" means the International Management Code for the Safe Operation of Ships and for Pollution Prevention as adopted by the Assembly, as may be amended by the International Maritime Organization. This Code have brought into force internationally since 1th July, 1998 by incorporated to the new Chapter Ⅸ in the SOLAS Convention. Accordingly those States which give effect to the SOLAS Convention will have to ensure that rules giving effect to the Code are introduced into their domestic legislation. The purpose of this Code is to provide an international standard for the safe management and operation of ships and for pollution prevention, by this to reduce the maritime casualty which could caused by neglect of person. To achieve this purpose the ISM Code specifies a number of broad 'safety management objectives' for owning or operation companies, and it requires that such companies should establish, implementing and maintain a written Safety Management System(SMS) covering a whole range of safety environmental and related matters. These requirements of the Code could effect on the carrier in some points such as duty of due diligence to care for cargo, due diligence to make the vessel seaworthy and burden of proof etc. In this respect, We should know that the ISM Code could effect on the carrier advantageously or disadvantageously subject to whether the carrier observed the requirement of the ISM Code. Although it does not add cause of liability or increase limitation of liability imposed to the carrier.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.37
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• pp.361-389
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• 2008

The purpose of this study is to detect the factors which have an effect on transformation level and performance and to provide the ways of successful transformation and vitalization from OEM to ODM. This study was proceeded by an empirical analysis. A model and hypotheses were set up and they were verified through the empirical analysis. Those factors were divided into four, inner company factors, strategic factors, core competence factors and purchase determining factors. In the result of the model suitability analysis on the study model of relationship among 'influencing factors of ODM transformation - ODM transformation level-export performance', every factors, $X^2=912.067$, DF=261, p value=0.000, GFI=0.737, AGFI=0.620, NFI=0.786, IFI=0.837, CFI=0.834, Q value=3.495 were rather insufficient to be a good model, but they were good enough for the general analysis. Taking these accounts into consideration, this study suggests the following implications. First, making a plan and setting up strategies in advance are required. Second, financial plan has to be prepared. Third, trends in global markets have to be analyzed. Fourth, companies have to focus on developing new materials and products through R&D. Fifth, quality competitiveness and quality control systems are required.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.72
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• pp.115-137
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• 2016

Trade can be greatly influenced by the change of international trade environment due to the characteristics of remote transactions. Furthermore, in the circumstance of emphasizing the national security again, the importance of the risk management of special materials has been increasing. As it was noted at Chapter 4, significant results such as the threat of enterprises' sustainable growth can be occurred when companies are related to the unlawful export of strategic materials or experience discouragement of export of main products. As the decision of strategic materials greatly depend on a specialized knowledge there is a possibility of misjudgement of strategic materials in terms of ordinary companies which is not accustomed to them. Furthermore risk management is more difficult due to the inclusion to the items of export license. To prepare such a risk of export of strategic materials, firstly, it should be checked to find whether counter traders are working in the industry which is not related to the spread of weapons of mass destruction, secondly, an appropriate process shall be designed and operated for products to be safely delivered to the trade counter. Therefore, our export enterprises have to introduce CP(Compliance Program), AEO or ISO28000 considering suitability for their actual situations not only to promote export and but also to avoid risk of export control and additional expenses. Through these appropriate processes, an efficient and effective management of the trade risk of strategic materials can be accomplished.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.72
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• pp.161-183
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• 2016

This study looked at the Korea enterprise in China market practices and strategies in accordance with the Korea China FTA macroscopically. And the systematic localization in the mid-to long-term decisions necessary for successful, it is important to the local economy by contributing to strategic social contribution activities also ensure the reliability of consumers. In addition to factors that may enjoy various benefits from an Korea China FTA strategy it is also needed to maximize the additional benefits of the FTA signed by Korea before. In particular, this strategy requires that the biggest benefits of FTA, that determine the tariff cuts by FTA partners to take advantage of it. In addition, the strategy that should be taken in advance to prevent any unnecessary risks through the recent rapid and thorough understanding of the appropriate response, Chinese, Chinese culture on O2O retail market. It is considered that the Korea China FTA requires multidimensional efforts with seeking a comprehensive and affordable countermeasures in order to act as an important factor for Korea market companies, government, companies and academia at the same time. In particular, the idea to carefully look at the various features with the Chinese consumer market will be a very important point.

• The Korean Society of Law and Medicine
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• v.22 no.4
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• pp.59-88
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• 2021

The National Assembly of the Republic of Korea recently enacted laws to fortify sanctions about data manipulation of pharmaceutical companies. The medicine approval system is the result of legislative efforts to prevent accidents that caused damages to patients' life and health. The medicine approval system is based on the trust that the data submitted by pharmaceutical companies is not manipulated. The Supreme Court of Korea clarified that strict standard shoud be required to secure the medicine safety in Supreme Court Decision 2008Du8628 decided November 13, 2008. We agree. This paper suggest legislation to weaken the economic incentives for pharmaceutical companies to choose data manipulation by minimizing the expected profit. In addition to revoking the marketing authorization of the medicine, the 'unfair' profits the pharmaceutical company has earned must be recovered. In addition, in order to increase the possibility to discover data manipulation, it is necessary to strengthen the review capacity and to activate the whistle-blowing.

• Korea Trade Review
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• v.42 no.1
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• pp.1-25
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• 2017

By applying the AHP(Analytic Hierarchy Process), we have analyzed the importance and the order for priorities to the management risk factors of Korean SMEs & Venture companies in China. The major management risk factors of manufacturing companies were the rise in labor costs followed by fierce competition in the marketplace, problems involved with human resource management and the rise in the cost of materials. In the case of companies manufacturing electronic products, the rise of labor costs and alteration in government's tax policy were seen as the main risk factors. In the case of chemical product manufacturing companies, the reinforcement of environmental protection law and in automobile component manufacturing companies, apart from the rise in labor cost, the increase in raw materials costs were analyzed as the main risk factors. While considering the time period, the main risk factors of the companies that entered China in the 1990's were fierce competition and alteration in government's tax policy and for the companies that entered China in the 2000's, increase in raw material cost, the rise in labor cost etc were analyzed to be the main risk management factors.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.30
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• pp.27-58
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• 2006

The purpose of this study is to identify key obstacles to the adoption of electronic bill of lading and to suggest an effective way to promote the utilization of electronic bill of lading in international trade field. This study finds that all the respondants have not used 'true' electronic bill of lading that is issued and distributed electronically, and most of them agreed the needs of e-B/L adoption, but their intentions to adopt e-B/L remain very low in the present situation. Five obstacles to the adoption of e-B/L were derived from an explanatory factor analysis: 'integration' factor, 'law institution' factor, 'usability' factor, 'economic efficiency' factor, and 'security' factor. Solutions to promote the utilization of e-B/L in international trade field are as follows; Firstly, to endow e-B/L with the legal force through amending relevant laws including the commercial law. Secondly, to conclude the relevant international agreement, and to carry out joint projects between nations are needed. Thirdly, to conduct publicity campaigns is required to increase the understanding of the concepts and benefits of e-B/L to all concerned parties. Fourthly, stable and reliable system must be constructed with high level security. Fifthly, to readjust the service fee of e-B/L system to a realistic level is to be needed in order for user companies to use e-B/L service.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.48
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• pp.57-76
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• 2010

This study reviews maritime transport policy regarding liner conference and the changes in the liner market over the decades. Liner shipping industry has long been protected from competition by block exemption. To prevent excessive competition in punctual operation and its inelastic market structure, liner shipping companies formed conferences that are protected to fix the prices under the law. In the US, deregulation in transport sector began from 80's and continuing with OSRA 1998, conferences were dissolving. On the other hand, the EU with close conference system, Regulation 4056/86 contained block exemption remained in force for unlimited time without review clause. However, in Oct 2008, the EU has announced its removal, and conferences were no longer permitted to fix the price nor exchange information. Although OSRA 1998 has already broken up conferences by allowing individual service contracts, but the repeal of the immunity for price fixing will alter significantly the rule on cooperation in the industry since it is a unilateral move by the EU, especially in transatlantic lane. There are rapid changes in shipping market getting much more complicated, and with removal of 4056/86 allowing the market to be more competitive, opening up the industry with far more diverse strategic options. Hence this paper reviews on liner shipping industry and its changes of policies over the years from protected market to open competition market of today.

• International conference on construction engineering and project management
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• 2015.10a
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• pp.704-705
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• 2015

Recent research has been ongoing for modular buildings in the country, and interest increases. However, in accordance with legal restrictions in the country with regard to Project Delivery system of Modular Building, the activation of modular buildings industry is obstructed. In Korea, in accordance with national contract law, the construction contract is apply to the project delivery system of modular buildings, and in accordance with Framework Act on the Construction Industry, The project delivery system of modular buildings has to be a separate order. The definition of separate order in contract as defined in the law is that the electric work and Communication work and digestion facility work has to be separate each contract in order to be ensured professionalism. In accordance with law, the project delivery system of modular buildings is that the contract for construction is concluded with the Owner and the Construction Contractor and the contract for goods is concluded with the construction Contractor and modular manufacturer. Due to these project delivery system, the domestic factory production rate when making a modular unit is significantly reduced compared to the rate of factory production abroad and the domestic factory production rate is estimated to 10-20%. Due to the factory production rate is also low, despite what can be done at the factory the workload in construction field increases. According to the workload in field increases, the effect of the schedule reduction can be reduced. It resolved to form a consortium with a modular manufacturer and construction companies or the contract is concluded with Owner, modular manufacturer and construction companies in each. In this paper, we propose a specific project delivery system for modular building to solve the problem of the low factory production rate and the problem of schedule reduction. Through this paper, due to the variety of project delivery system on modular buildings is expected to contribute to the activation of modular buildings.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.75
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• pp.179-198
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• 2017

Recently, agricultural exports of Korea have steadily increased. But, no progress is being made at the WTO and DDA negotiations, the FTAs have played a leading role in the formulation of the international trade rules, and countries have been cleverly utilizing non-tariff barriers such as SPS and TBT, there is a growing need to respond to non-tariff barriers aggressively. On the other hand, since the FTA has the potential to activate the global value chain, there is a high need for exporting companies in the domestic agricultural sector to understand the structure of the global value chain in agriculture and actively utilize the global value chain. The non-tariff measures of agricultural commodities major trading partners in the field of domestic agricultural exports were mostly comprised of SPS measures and TBT measures. The non-tariff measures corresponding to inputs and production stages of value chain elements (seeds, seedlings) in the value chain were mainly reported in SPS measures. TBT measures are mainly carried out in selective packaging, storage, processing, distribution, and export sales. It is most important for agricultural export companies to know their position on the value chain and information on non-tariff measures of importing countries in order to actively utilize the global value chain. Since there are non-tariff barriers that are difficult to be solved at the individual enterprise level, active government support of the government is not only important but also actively promoting relevant information to farmers and agricultural exporters. In addition, potential export farmers and prospective export companies will be able to identify TBT and SPS and other non-tariff barriers well in advance, and respond to them in advance. Also, through networking with export related organizations and overseas buyers, It is very important that policy support from the perspective of global value chain is linked effectively.