• Title/Summary/Keyword: Cross Border

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Legitimate Public Policy Objectives of and Exceptions to Digital Trade Agreements (디지털 무역협정의 예외 조항 및 사례 연구: 정당한 공공정책 목표를 중심으로)

  • Jin-Kyu Kim;Dong-Young Kim
    • Korea Trade Review
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    • v.48 no.4
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    • pp.285-301
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    • 2023
  • The growing impact of cross-border movement of information is increasing interest in information policy through digital trade agreements in major trading countries. Major trading partners are calling for the inclusion of their digital policies in trade agreements to strengthen market dominance and protect personal information. This study analyzes the meaning and disputed settlement cases of the WTO's public policy objectives and examines the tendency of stakeholders to standardize legitimate exceptions to public policy objectives in digital trade. The study also examines the desirable direction of digital trade standardization suitable for the changing international trade environment. There is still debate about the specific objectives that should be included and the extent to which they should be allowed to restrict trade, however this study finds that there is a growing consensus on the need for legitimate public policy objectives to be included in digital trade agreements. The study concludes that the desirable direction of digital trade standardization is to strike a balance between the need to protect legitimate public policy objectives and the need to liberalize digital trade. This balance will need to be adjusted as the international trade environment continues to change.

Arbitration awards against public policy; in regards to economic sanctions (공서양속에 반하는 중재판결: 경제제재에 대한 분석을 중심으로)

  • Han, Soomin;Kim, Jinbi;Lee, Jaehyuk
    • Journal of Arbitration Studies
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    • v.34 no.1
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    • pp.27-50
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    • 2024
  • This paper examines issues concerning conflicts between arbitral awards and public interests, particularly with respect to economic sanctions. Sanctions have been widely used by political entities, such as States and organizations, as means to promote public interests and to resolve cross-border disputes. In particular, economic sanctions have been increasingly more visible in recent years due to the accelerating fragmentation of the international communities, and their magnitude and range of the impacts have grown accordingly. For example, the U.S. and the EU have imposed economic sanctions on Russia and related persons in response to Russia's invasion of Ukraine. The U.S. recently re-introduced a comprehensive economic sanction on Iran. One of the notable impacts of the sanctions, particularly economic sanctions, is that on international arbitration. Sanctions are essentially built on the notion of the protection of public interests, and public interests are some of the few grounds upon which recognition and enforceability or arbitral awards may be rejected. However, jurisprudence on such conflict between sanctions and arbitral awards have not been sufficiently addressed in Korea because court case and administrative decision records on this conflict have not been sufficiently accumulated. In this regard, this paper begins with offering a survey of the concept of public interests, economic and trade sanctions, arbitral awards and their enforceability, and the relationships between them. It then examines the mechanism upon which public interests, trade and economic sanctions may lead certain arbitral awards unenforceable. Next, the paper suggests judiciaries' balanced approach toward the public interests protected by trade and economic sanctions and the predictability and fairness in the enforcement of arbitral awards. Finally, this paper concludes with the methods of the implementation of such balanced approach.

A Study on Tariff Imposition Policy for Electronic Transmissions - Indonesia as a Case Study (전자적 전송물 관세 부과 정책에 관한 연구 -인도네시아 사례를 중심으로)

  • Asel Toktogulova;Dong-chul Kwak
    • Asia-Pacific Journal of Business
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    • v.15 no.2
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    • pp.283-298
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    • 2024
  • Purpose - This study examines whether Indonesia's new customs and tariff policies effectively support cross-border tariff control within the WTO's multilateral trade system and assist developing countries in achieving their public policy objectives. Through this analysis, the study aims to provide new perspectives and insights into trade policies in the digital commerce era. Design/methodology/approach - This study conducts a case analysis of Indonesia's customs and tariff policies on electronic transmissions, focusing on the purpose and rationale behind imposing tariffs on digital products, the potential violations of international trade norms, and the economic impact of such tariffs. Findings - This study concludes that Indonesia's policy of defining electronic transmissions as digital goods subject to customs tariffs is both necessary for increasing government revenue and supporting various public policy objectives. Additionally, it finds that this policy does not violate international norms and is feasible, providing valuable insights for other developing countries and international organizations in formulating trade policies for digital products. Research implications or Originality - This study demonstrates that Indonesia's digital goods tariff policy aims not only to increase revenue but also to achieve public policy objectives. It signifies a significant policy decision to promote the growth of the digital economy and support the development of digital economies in developing countries. Furthermore, Indonesia is analyzing detailed justifications and normative elements related to its digital goods tariff policy. Moreover, this represents an important and innovative approach to exploring avenues where developing countries can alleviate digital economic inequalities and enhance opportunities for economic development while adhering to existing international norms.

Multinational Enforcement of the Capital Markets Act - Focusing on the Anti-Fraud Regulation by the Public Regulators - (다국적 차원의 자본시장법규 집행 - 공적기관에 의한 불공정거래 규제를 중심으로 -)

  • Chang, Kun-Young
    • Journal of Legislation Research
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    • no.53
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    • pp.419-454
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    • 2017
  • Faced with the internationalization of capital markets, Korea needs to protect its investors and markets by applying the relevant laws extraterritorially. The Financial Investment Services and Capital Markets Act ("Capital Markets Act") explicitly introduced a new provision recognizing the extraterritoriality of the Act. While Article 2 of the Capital Markets Act comprehensively provides for prescriptive extraterritorial jurisdiction, the enactment of extraterritoriality alone does not guarantee that the Act will apply to cross-border transactions effectively. The effective extraterritorial application of an act is inseparable from the adjudicative and enforcement jurisdiction of the act. Specifically, active investigations and detections by the public regulators might be the first step for enforcing the Capital Markets Act. Unlike domestic regulations, however, multinational enforcement actions outside a regulator's home country becomes more problematic because of various obstacles. This Article examines difficulties which domestic regulators may confront in enforcing the Capital Markets Act extraterritorially and makes several recommendations for more effective multinational enforcement as follows. First, the Korean regulators should continue to foster cooperation through the IOSCO and provide international markets with the information and tools necessary for successful regulation of cross-border transactions. Second, the principle of dual criminality should be applied in a modified form for the effective mutual legal assistance in criminal matters. Third, there should be a legal device for the domestic regulator to freeze foreign wrongdoer's assets located outside Korea to repatriate those assets for distribution to defrauded investors in Korea.

Landscape Fragmentation of Circular Greenspace in Cheongju and Requirements for a Sustainable Development (청주시 환상녹지의 경관 파편화 실태와 지속가능한 녹지관리 방안 모색)

  • Kim, Jai-Han
    • Journal of the Korean Geographical Society
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    • v.47 no.1
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    • pp.79-97
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    • 2012
  • This study examines on the impact of biodiversity in circular greenspace of Cheongju city since 2002 greenbelt release. Research has carried out to investigate the biotope pattern change with landscape fragmentation. Major landscape fragmentation has occurred with development of residential sector and build-up of major highways. Settlement has been expanded to the entire area connected to urban district excluding the eastern forest. North-south district shows high road density, where inter-regional roads meet in the cross-section. It is found that landscape fragmentation impact on species richness as well as population size of the species varies depending on the animal species. The birds show high species richness in N2, N3, N4, S2(north-south zone) even with high fragmentation rate. This can be explained that birds can access to aquatic environment where they can find abundant food resources. The amphibians and the reptiles show almost no zonal variation in species richness than the birds. The more a zone fragmented in small patches, the species richness of the amphibians and the reptiles also tends to be declined. Information accumulation on biodiversity for integrating landscape planning in urban planning, various level of community participation in decision making process, and cross border cooperation with neighbouring Cheongwon-gun will be required for sustainable greenspace management of Cheongju City.

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The Meaning of Space in Los bravos (『용감한 사람들 Los bravos』에 나타난 공간의 의미)

  • Kim, Son-Ung
    • Cross-Cultural Studies
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    • v.46
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    • pp.173-197
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    • 2017
  • The present work aims to analyze the concept of space in $Jes{\acute{u}}s$ $Fern{\acute{a}}ndez$ Santos' work Los bravos. Throughout its pages, one can observe the multidimensional possibilities of space in literature. Throughout time, the concept of literary space has developed and it has been modified constantly in order to meet the needs required for the evolution of narratology. In the past, Aristotle stated that space is the place where characters and physical objects happen to exist. This remained almost unchanged until the Renaissance. In the $19^{th}$ century, space stopped being considered just a mere scene where the action takes place as it was given more importance by romantic authors in their works. Realism intensified the spaces as the interior of the house. In fact, the descriptions of space became more important. In this article, I focus on the various meanings of space in the novel Los bravos. First, I analyze the dichotomy between real and ideal spaces, and continue with the cathartic dimension of the fictional space. Then, I present and analyze the opposition between urban and rustic spaces in this novel, and, finally, I show the confrontation between the spaces of men and women. Through this analysis, we can observe that characters have a space where they feel more comfortable and how, occasionally, they leave their "usual space of action" to reach their "ideal place". Women want to stay in their kitchen to chat with each other, while men prefer to leave the house to visit a cafe with their colleagues. The door and the window divide the border of the worlds of men and women. However, that line is not only dividing the structure of the house, but it is also of a psychological house.

Characteristics of the Traditional Family System in Black Africa (흑아프리카 전통 가족 제도의 특징)

  • Yu, Jai-Myong
    • Cross-Cultural Studies
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    • v.45
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    • pp.269-293
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    • 2016
  • This research studies the characteristics of the family systems of traditional societies in Black Africa. For this purpose, this study has chosen three subtopics: the distinctive features of traditional societies, marriage customs (polygamy and polyandry), and the societal features of patriarchal and matriarchal societies. First, we analyze men's and women's roles, ownership and management of the land, dowry, and social values of livestock as the distinctive features that support the family system in traditional Black African societies. These elements play an important role in increasing the number of family members. Next we analyze marriage customs-polygamy and polyandry-which increase the number of family members, on the one hand, and secure the labor force, on the other hand. Most traditional societies in Black Africa prectice polygamy. However, the $Bashil{\acute{e}}l{\acute{e}}$ and Bahima prectice polyandry. Polygamy in traditional societies in Black Africa is based on the traditional social customs that display the authority and dignity of the family head, who has control over all family members in both patrilineal and matrilineal societies. The authority and dignity of the family head are used to keep and increase the number of family members, that is, to secure the community firmly. Finally, most traditional societies are patrilineal. However, matrilineal societies are prevalent in the so-called Matrilineal Belt, which term refers to the savanna regions where Bantu peoples reside, that is, the coastal regions from the Angolan coast, bordering the Atlantic, to the Tanzanian and Mozambique coasts that border the Indian Ocean. These societies trace descent through the maternal bloodline. The traditional family system in Black Africa is based on economic social, and political factors, as well as on the community spirit of the members, which has resulted from the choices made to increase the prosperity and well-being of the people.

"Main Enemies" in the Posthuman Era: Monsters in Three Spanish Films (포스트휴먼 시대의 '주적(主敵)'들의 재현: 스페인 영화와 괴물들)

  • Seo, Eunhee
    • Cross-Cultural Studies
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    • v.50
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    • pp.53-75
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    • 2018
  • It is commonly emphasized that the metaphor of the monster is a rhetoric universally used to identify the "main enemy" of a society, for its effective function is seen as useful for the uniting of citizens to bend together to survive or succeed before the external threat. The problem of this metaphor is that it homogenizes and dehumanizes the heterogeneous individual members of the subsequently identified enemy group. This study emphasizes the importance of some traits of the posthuman subject, such as the flexibility and the multiplicity of consciousness, to overcome the otherizing binary perspective which is commonly held regarding the concepts of good and evil. To observe specific dimensions of the posthuman consciousness, we analyze three films based on Spanish history and reality: The Spirit of the Beehive, The Day of the Beast and Pan's Labyrinth. All of these films progress around the figure of the enemy-monster(s), showing how to transgress the dichotomous structure of consciousness that defines the self/good dividing it from the other/evil. The heroes in the films seek to overcome the fear about the monster, and approach him to discover new ethical horizons, that can emerge only when an individual's consciousness chooses to stay on the border between the established beliefs and the unfamiliar voice of the dangerous stranger(s).

Scanning Electron Microscopic Studies on the Features of Compression Wood, Opposite Wood, and Side Wood in Branch of Pitch Pine(Pinus rigida Miller) (리기다소나무 (Pinus rigida Miller) 지재(枝材)의 압축이상재(壓縮異常材), 대응재(對應材) 및 측면재(側面材) 특성(特性)에 관한 주사전자현미경적(走査電子顯微鏡的)인 연구(硏究))

  • Eom, Young-Geun;Lee, Phil-Woo
    • Journal of the Korean Wood Science and Technology
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    • v.13 no.1
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    • pp.3-18
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    • 1985
  • In Korea, a study on the anatomical features of pitch pine (pinus rigida Miller) branch wood through photo-microscopical method was reported in 1972 by Lee. Therefore, as a further study of Lee's on the anatomical features in branch wood of pinus rigida miller that grows in Korea, compression wood, opposite wood, and side wood were selected and treated for the purpose of comparing their structures revealed on cross and radial surface through scanning electron microscope in this study. The obtained results in this study were summarized as follows; 1. The trachied transition from earlywood to late wood is very gradual and the tracheids are nearly regular in both arrangement and size in compression wood but this transition in opposite wood and side wood is abrupt and the tracheids in opposite wood and side wood are less regular than those in compression wood. Also, the annual ring width of opposite wood is narrower than that of compression wood or side wood and the rays revealed on cross surface of side wood are more distinct than compression wood and opposite wood rays. 2. The tracheids of compression wood show roundish trends especially in earlywood but those of opposite wood and side wood show some angular trends. And intercellular space, helical cavity, and spiral check are present in both earlywood and latewood of compression wood but not present in opposite wood and side wood irrespective of earlywood and latewood. 3. The wall thickness of latewood tracheid is similar to that of earlywood tracheid in compression wood whereas the wall thickness of latewood tracheid is by far thicker than that of earlywood tracheid in opposite wood and side wood and the S3 layer of secondary wall is lack in compression wood tracheid unlike opposite wood and side wood tracheid. 4. The tracheids in compression wood are often distorted at their tips unlike those in opposite wood and side wood and the bordered pit in compression wood tracheid is located at the bottom of helical groove unlike that in opposite wood and side wood tracheid. 5. The bordered pits in radial wall of opposite wood and side wood tracheids are oval in shape but those of compression wood tracheids show some modified oval shape. 6. In earlywood of side wood, the small apertures of cross-field pits are roundish triangle to rectangle and the large one are fenestriform through the coalition of two small ones. However, the small apertures of cross-field pits are upright oval and the large ones are procumbent oval shape in earlywood of opposite wood and the apertures of cross-field pits in compression wood are tilted bifacial convex lens shape in earlywood and slit in late wood because of the border on tracheid side.

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Effect of Botulinum Toxin type A and Occlusal Splint on Masseter Muscle Evaluated with Computed Tomographic Measurement (전산화 단층촬영으로 평가한 교근에 대한 보툴리눔 A형 독소주사와 교합안정장치의 효과)

  • Jang, Hee-Young;Kang, Seung-Chul;Kim, Seong-Taek;Kim, Chong-Youl;Choi, Jong-Hoon
    • Journal of Oral Medicine and Pain
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    • v.30 no.2
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    • pp.247-255
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    • 2005
  • The purpose of this study is to evaluate the effect of botulinum toxin type A on masseter muscle atrophy and the extent of masseter muscle affected from the injection site in relation to injection dose, with and without occlusal splint therapy through computed tomographic measurement. 32 volunteers were divided into four groups - group 25U (injection dose of 25 unit), group 25Us (injection dose of 25 unit with occlusal splint), group 35U (injection dose of 35 unit), group 35Us (injection dose of 35 unit with occlusal splint). Each group consisted of 8 people. 3 positions (position 1, 2, 3 - 10mm, 20mm and 40mm from the inferior border of the mandible, respectively) were selected for the evaluation of the masseter muscle change. The following results were obtained. 1. The thickness and the cross-sectional area of the masseter muscle had reduced in all groups except for the right side thickness at position 3 of group 25U and group 25Us, and the right side thickness as well as the left side cross-sectional area at position 3 of group 35Us. In group 35Us, the thickness and the cross-sectional area of the masseter muscle had reduced significantly in all positions (P < 0.05). 2. There was no significant difference in the masseter muscle change between the injection dose of 25unit and that of 35unit. 3. The groups with occlusal splint showed greater reduction of the masseter muscle thickness than the other groups (P < 0.05). From the above results, botulinum toxin type A injection together with occlusal splint therapy in the treatment of masseter muscle hypertrophy would be clinically effective.