• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.699-720
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• 2016

In the past 10 years, there have been lots of misuses of the trademark system in China. For example, some Chinese companies have registered same or similar oversea's well-known trademark as a prior rights holder, and oversea's companies lost a chance to register their own trademarks or commence cases to acquire their own trademark determination in China. So Chinese government revised Chinese Trademark Law in 2014 to remedy these mistakes. Article 30 is intended to crack down on preemptive registration and compensate for the possible unfair consequences resulted from the principle of prior registration. Under the principle of prior registration, only where the unregistered trademarks of prior use have certain influence, and where the applicant of latter applied trademark knows or should know the prior trademark and the applicant has the bad faith of obtaining unjustified interests from goodwill of such unregistered marks, it shall be curbed by Article 30. Furthermore, trademark oppositions could be filed by anybody previously. Under the revised Trademark Law Article 44, oppositions based on absolute grounds can still be filed by anyone, but oppositions based on other available grounds can only be filed by a prior rights holder or a materially-interested party with undefined but similar to the standing requirement for filing nullities under Article 41 of the old law, and likely intended to cover trademark licensees and successors.

• Journal of Korea Trade
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• v.26 no.7
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• pp.167-184
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• 2022

Purpose - This paper analyzes all possible issues that need to be considered in case disputes occur with regard to force majeure in international commercial contracts through the comparative study between English and Korean during COVID-19. Design/methodology - This paper belongs to the field of explanatory legal study, which aims to explain and test whether the choice of law is linked to the conditions that occur in the reality of judicial practice. The juridical approach involves studying and examining theories, concepts, legal doctrines, and legislation that are related to the problem. Findings - English law does not permit general economic impracticability to qualify as a valid force majeure event. If a party asserts that they were prevented from performing the contract, the courts will examine this strictly. Many commercial contracts in a broad range of sectors and industries are chosen by parties to be governed by English law. With COVID-19, there have been discussion of parties being released from performance as a result of force majeure. Meanwhile, under Korean law, a force majeure event should be unforeseeable and beyond a party's control. Since COVID-19 is a known event for future contracts, to avoid the risk that a similar situation in the future is deemed foreseeable and under a party's control, parties must ensure that such a risk is properly addressed in a contract. Therefore, it is necessary to have a new clause to cover a pandemic. Originality/value - In light of the ongoing unexpected and uncertain economic impacts COVID-19 is expected to bring to the world, it is anticipated that companies will experience an increased number of claims involving force majeure around the world, including English and Korea. As such, taking proactive steps to assess the applicable legal principles, including the concept of force majeure of contract, will help companies be prepared for the financial or legal implications of COVID-19. In this regard, it would be advisable for companies and businesses to take specific actions.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.67
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• pp.143-162
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• 2015

Russia has a huge amount of energy resources. It is an attractive factor to countries which spend loads of energy. Republic of Korea is also one of large energy consumption countries. Therefore, It will be needed to raise energy cooperation with Russia. It's companies will increase trade focusing on the energy industry in the long term. Recently, However, Foreign companies should be careful when they enter the rapidly changing Russia market. In other words, companies will need a strategic approach to prepare the early case assessment and how to solve a possible dispute as they analyze cost and profit in business. This study is analyzing several dispute cases related in Russia. It presents some strategies for Korean companies such as dispute resolution method, arbitration institution selection method and so on. In addition, it proposes the introduction of the early case assessment for reducing a waste of time and cost. Furthermore, according as the importance of OECD Guidelines for Multinational Enterprises is highlighted in international community, companies should prepare practical division to establish a system of responsible business conduct. Finally, they will have to get an advice and counseling from the Russia legal experts in the early stages of the contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.27
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• pp.129-161
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• 2005

Todays, computers in business world are potent facilitators that most companies could not without them, while they are only tools. They offer extremely efficient means of communication, particularly when connected to Internet. What I stress in this article is the risks accompanied by e-commerce rather than the advantages of Internet or e-commerce. The management of e-commerce companies, therefore, should keep in mind that the benefit of e-commerce through the Internet are accompanied by enhanced and new risks, cyber risks or e-commerce risks. For example, companies are exposed to computer system breakdown and business interruption risks owing to traditional and physical risks such as theft and fire etc, computer programming errors and defect softwares and outsider's attack such as hacking and virus. E-commerce companies are also exposed to tort liabilities owing to defamation, the infringement of intellectual property such as copyright, trademark and patent right, negligent misrepresent and breach of confidential information or privacy infringement. In this article, I would like to suggest e-commerce insurance or cyber liability insurance as a means of risk management rather than some technical devices, because there is not technically perfect defence against cyber risks. But e-commerce insurance has some gaps between risks confronted by companies and coverage needed by them, because it is at most 6 or 7 years since it has been introduced to market. Nevertheless, in my opinion, e-commerce insurance has offered the most perfect defence against cyber risks to e-commerce companies up to now.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.41
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• pp.293-319
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• 2009

This paper aims to find the differences between the trading company of Korea and Japan, by analyzing the development history of Corporate Governance and Internal Control System in Korea and Japan. And this paper studies about that on the legal site. A corporate governance has the tremendous influence on the value of the company, and a company's system of internal control has a key role in the management of risks that are significant to the fulfillment of its business objectives. On the other hand, many companies in the every industry have suffered several times from fatal loss or damage resulted from miss or malfeasance late in the 20th century. And the result of that, starting the Sarbanese-Oxley Act in America, a government established the financial laws and corporate laws in the a lot of countries including Korea and Japan. Japanese trading companies tend to be taking a serious view of internal control more than corporate governance against Korean trading companies. But this not means that Japanese are superior to Korean. The most important thing is the fact that Korean trading companies have to spend enough time finding suitable system of corporate governance and internal control as Japanese trading companies did.

• Journal of the Korea Society of Computer and Information
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• v.22 no.6
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• pp.141-147
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• 2017

Along with the recent growth of Fintech industry and low interest rate basis, one of the alternative investment technique for expecting higher investment profit, P2P loan using P2P financial system is greatly increasing. P2P loan can be referred to as a type of Crowdfunding that the law of Crowdfunding (adopted to revised Capital Market Act) enacted on January 25th 2016 only allows investment type Crowdfunding so that it can be used as a tool of raising fund for startup and venture companies. Also, it is true that Korean government could not make any legislative foundation related to P2P loan. At this moment, those online platform companies mediating P2P loan are not included as financial companies, expected to cause various legal arguments. Financial Services Commission has released a guideline in February of this year saying that limit of P2P loan is 10 million Korean Won per arbitrating company and 5 million Korean Won per borrower. However, what is more important is to make a law supporting this institutional system. If legislation on P2P loan is implemented without care, it may disturb growth of the field but it may result in the damage of investors if not clearly defined by law. As this is the case, first, "revision of execution regulations for loan business" should take place as soon as possible to intensify inspection of loan companies by registering them to Financial Services Commission. Second, saving customer fund separately in the their organization. Third, making law on protecting investors such as regulating exaggerative advertisement. Fourth, to have transparent and fair public announcement system, standardized agreement and guideline describing clear understanding on autonomous public information publication of P2P loan online platform business and information on the borrower.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.54
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• pp.167-190
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• 2012

The purpose of this study is to find out some countermeasure to Korean companies entered Chinese market through analyzing an arbitration case resolved by CIETAC applied of Chinese Commission Agency Law and CISG. China create legal relationship between the principal and the third party under Chinese Consignment Contract Law. Korean companies so make sure whether this Contract is included when they conclude international commercial contract. If yes, they have to prove their recognition for the relationship between the principal and the commission agent when needed. If the parties agreed an additional period of time of delivery and the seller do not deliver the goods within this period, this breach might be regarded as fundamental nature and the buyer could declare the contract avoided. In addition, late delivery might also be regarded as fundamental breach when market price is fluctuated. It is understandable that attorney's fees is recoverable one, but it is not understandable that arbitrator's extra expenses such as travel and accommodation expenses is not recoverable with the reason that arbitrator comes outside of the country.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.39
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• pp.367-389
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• 2008

On the stage of an international trade with well-developed transportation, communication system and proliferation of free trade, global companies who are eager to sustain business growth by cutting cost and pioneering new market are facing a new challenge named "Global Compliance" of business transparency, export and import regulations, and potential international business environment. The purpose of a global compliance is to monitor and regulate a company's trade activities to reduce the risk of transactions that might violate relevant countries' laws, regulations, or standards. After the 911, for strengthening the non-proliferation of the export control goods, UNSCR1540(United Nations Security Council Resolution 1540(2004)) was declared in order to enforce the members to adopt the rules in the resolution into their national laws and regulations. Companies does not realized that they need to get rid of the risks because they underestimate the importance of international security, caused by their careless management. That is why currently the export control program is not fully observed by the most. Lack of awareness for the export control and the poor system of each members could be the reason for this unstable operating status. With this background, this thesis will study on the meaning of export control, schemes for companies to recognize its importance and governmental guideline to support global companies.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.47
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• pp.403-428
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• 2010

Our country's sustainable trade growth fundamentally depends on the supply of excellent labors called global trade expert. He or she is required several knowledge and skills not only trade, marketing, information technology, foreign languages but also global mind. Universities have to supply excellent global trade expert to companies according to needs and wants. The object of this paper is to propose some ideas for training of global trade expert of Korea university under global trade environment. First, global companies prefer labors who have not only some skills about specialty and communication skill but also personality on passion, creativity, leadership and so on. Second, The university's curriculum needs to improved in terms of "convergence" and "specialty". In nature, trade major treats lots of subjects such as trade, business adminstration, economics, international law, international commerce, logistics, marketing, etc to catch up changing global business circumstances and companies' needs. Therefore convergence of adjacent field is very important in study and training. Finally, Universities need to use field-specialist to supplement of trade working experience as instructors and practitioners. The concept of convergence and specialty is not separated but harmonious each other.

• East Asian Journal of Business Economics (EAJBE)
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• v.3 no.1
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• pp.1-7
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• 2015

Ethics suggest that all persons are by nature moral, as it would not be possible for humans to exist collectively or even individually without an innate ethical sense. In order for the public sector to thrive in business, the board of directors needs to be guided by ethics and take into account the abiding interests of humanity and public good. It is argued in this paper that the abuse of power in the public sector has often been associated with unethical leadership and conducts which undermines the ubuntu notion. The irregularities which often arise in the awarding of tenders in the state-owned companies are some of the challenges that are prone to the public sector. In order to address these challenges and promote a flourishing democracy it is argued that ethical leadership as envisaged in the King III Report needs to be adhered to by the boards of directors. This paper concludes that the direction and control of ethics in any organisation is vital especially where the line between corporate governance and ethical leadership has become blurred.