• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.239-258
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• 2018

The purpose of this study is to examine the legal standards of agreements on the origin of liability and the relevant laws in Korea, to suggest implications for custom authorities and traders wishing to benefit from preferential tariff via FTA, citing the excluded cases of related FTA preferences (court cases and administrative judgments). In order to examine the provisions related to supporting evidence of the origin of liability in FTA, we examined FTAs agreed between Korea and EU, EFTA, ASEAN, U.S., and India relevant to FTA Special Customs Act, court cases and administrative judgements. If verifying the origin to protect the fair trade order impedes to promote utilizing FTA, solutions will need to be suggested. If FTA preference is exempted due to verifying the origin by the import customs authorities, the importer shall pay the income tax calculated in accordance with the general tax rate. This is because the certificate of origin confirmed during verification process is different from the actual origin. In most agreements, the exporter (the producer) shall issue the certificate of origin and since the importer has no other option than obtaining the certificate of origin from the exporter, it may face consequences such as declined credibility from the custom authorities in addition to being disqualified for FTA preferential, if the certificate of origin received from the exporter has flaws. On the other hand, the exporter cannot help but being punished by the customs authorities due to issuing defective origin certificates, but it doesn't have conventionary liabilities for damages incurred to the importer. As a result, importers are forced to pursue legal proceedings to claim damages to exporters or to give up FTA preference. As FTA is increasingly utilized, the number and amount of origin verification in Korea has continuously been increasing while administrative judgements indicates other FTA exporters doesn't seem to gain any support in utilizing FTA like Korea does. It has been 8 years since full-scale supports in FTA launched and now is the time to introduce more efficient and intensive FTA support system In this regard, it is desirable to conduct comprehensive verification on export Next, an institutions that assures FTA-based exports should be established in order to compensate the importer's damages that may occur from disqualified certificate of origin issued by the exporter.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.6
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• pp.11-51
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• 1993

This study is focused on the problems and the suggestions of proper ideas for solving them which are arisen from appling CIF, Incoterms 1990 into the contract of sale after reviewing of the contents of traditional CIF contract and the main changes of CIF, Incoterms 1990. This study summerized as follows: First, when the seller provide the buyer with non-negotiable sea waybill or inland waterway document instead of negotiable bill of lading, it is my feeling that the essence of symbolic delivery in traditional CIF contract is fading. And if the buyer has paid for the goods in advance, or a bank wishes to use the goods as security for a loan extended to the buyer, it is not sufficient that the buyer or the bank be named as consignee in a non-negotiable document. This is true because the seller by new instractions to the carrier could replace the named consignee with someone else. To protect the buyer or the bank it is therefore necessary that the original instructions from the seller to the carrier to deliver the goods to the named consignee be irrevocable. Second, CIF term can only be used for sea and inland waterway transport. When the ship's rail serves no practical purposes such as in the case of roll-on/roll-off or container traffic, CIP term instead of CIF term is more appropriate to use. Third, the EDI method still contains many legal and technical problems to be solved in order to be used thoroughly' in the international sale of goods. Therefore, the parties wishing to replace the traditional paper-based trade documents by electronic messages must exchange the agreement on EDI each other in order to prevent and sol ye unexpected problems. Forth, it may be that the goods are to be carried in bulk without such marking or naming of consignee as would amount to appropriation. Then the risk will not pass until effective appropriation has been made. Therefore, the seller needs to appropriate by issuing of separate bills of lading or delivery orders for parts of the bulk cargo. And in case the goods are bought while they are carried at sea, some problems on the passing of risk would arise. One possibility is that the buyer might have to assume risks which have already occured at the time when the contract of sale is entered into force. The other possibility would be to let the pissing of the risk concide with the time when the contract of sale is concluded. The parties are advised to ascertain the applicable law and any solution which might follow there form. Finally, Incoterms are restricted to deal with the main principles for the division of functions, costs and risks between the parties and the rest is left to their individual contract as supplemented by the custom of the trade, the individual terms of the contract of sale and the applicable law. Thus, the parties are advised to ascertain the applicable law on their individual contract of sale in order to solve the problems on the transfer of property, the remedy and so on.

• Korean Security Journal
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• no.39
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• pp.355-386
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• 2014

Current business environment asks the fundamental changes about business security. The essences of these changes are that the security management of today's global business is important task of managers and the security practitioner is professional who needs very specialized education and training with business thinking. Rapid process of globalization of global village tore down the business limit that was restricted on the geological areas' limitation. Rapid business environments' change that is driving depends on development of science and technology with globalization needs new paradigm to keep business continuity. With the process of globalization, Korea, which importance is gradually increasing in the national economy, has trade dependent economic system, which keeps power of national economy through trade, so Korean economic tendency is accelerating. To keep competitiveness in global market, new strategy that is different with existing domestic business management is necessary. That is, capacity of coping with outside risk in domestic business management is established in some degree, but business activities in foreign countries faces at numerous unexpected risks that differ from country to country such as difference with the custom, changes of corporate governance etc. To cope with these new risks effectively, new paradigm for business risk is necessary. Especially, flexibility of thinking like new paradigm is necessary to cope with new security risk effectively. To cope with security risk that occurs in the new business environment effectively and competes against international company in global market, company management and members' changes of cognition about security and innovative changes in security policy is necessary. In the basement of these changes, there is expansion of business security tasks, improvement of report line, enhancement of professionalism and status of security officers, variation of hands-on workers and increasing of investment to the security etc.

• Proceedings of the Korea Port Economic Association Conference
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• 2006.08a
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• pp.159-179
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• 2006

As the current trend to the main index of the port competitiveness evaluation, the competitiveness index of the port service comes to more important than the part of expense, location and facility. To reform the bottleneck of port has an effect on improving port service competitiveness. Therefore, this study shows the importance of analyzing bottlenecks on logistics to improve port competitiveness. It collected recent questionnaire data which are the subject as the Custom Service, the Chamber of Commerce and Industry, the Trade Association about bottlenecks of port logistics for working out bottlenecks of domestic port logistics and it produced the order of priorities of bottlenecks by multiplying each output priorities and weights of each process in user of Incheon inner-outer port which is focused on container freight by analysis of priority and Analytic Hierarchy Process(AHP). Unlike existing studies, this study has important values. It presents the priority evaluation only focused on the container freight was produced by port users who are categorized into shipping company, terminal operation company and forwarder, car-ferry in Incheon inner-outer port and making a application of logistics process. It means internal and external competitiveness improvement plan can be presented more concretely and detailed than past competitiveness attributes such as location, facility, service and expense. If the analysis of port logistics bottlenecks which was focused on container freight is extended to the part of general cargo and sundries such as haul grain, car, scrap iron, those studies will be able to provide Incheon port users with useful information and a model of analyzing overall bottleneck of logistics in Incheon port.

• Transactions of the Korean Society of Mechanical Engineers B
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• v.40 no.12
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• pp.761-768
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• 2016

Membranes are used to separate pure gas from gas mixtures. In this study, three different types of mass transport through a membrane were developed in order to investigate the gas separation capabilities of a membrane. The three different models typically used are a lumped model, a multi-cell model, and a discretization model. Despite the multi-cell model producing similar results to a discretization model, the discretization model was selected for this investigation, due to the cell number dependence of a multi-cell model. The mass transport model was then used to investigate the effects of pressure difference, flow rate, total exposed area, and permeability. The results showed that the pressure difference increased with the stage cut, but the selectivity was a trade-off for the increasing pressure difference. Additionally, even though permeability is an important parameter, the selectivity and stage cut of the membrane converged as permeability increased.

• Archives of design research
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• v.2 no.1
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• pp.43-62
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• 1989

The luxury is the expression of human being's ornament instinct. In this study, in order to grasp the moulding system of the Korean's personal ornaments, the process of luxury prohibition was reviewed to search for to which direction the ornaments developed in the frame of the prohibited style connected closely to the character of the personal ornaments. The proiod was fixed from the old society to the late Chosun dynasty era. The beginning of the luxury in Korea seems to be the start of the luxury burial at the time of funeral in the age of Koguryo., In the era of Koguryo, 10th year of King Dongmyung (B. C. 28), in the era of Baekje, 27th year of King Koi(260), the prohibition of dress regulation and the style of dress were conducted. The prohibition of personal ornaments in Silla was started from King Bup:Heung, and in the 9th year of King Heung-Duk, the prohibition was conducted in order to correct the luxury of the nobles and set up the social discipline. In the 11 th of King Il-Sung-Ni-Sa-Kum, the use of gold, silver and jade was prohibited in the civilian circles. The prohibition of Silla was succeeded to Koryo era, and in the 7th year of King Kwangjong(956), the system of Baekgwan Gongbok(uniform for government officials) was set up, and the system of Sasek Gongbok(four color official uniform) was set up in the 11 th year of the same King, and the prohibition of the personal ornaments such as crown and band is considred to have been conducted. The prohibition of gold and silver was conducted in the first year of King Sungjong(982), and in the 4th year of King Chungryul(l260), the order of wearing the dress and hat in accordance with the Yusan dynasty and the Mongolian customs were widely circulated in the royal court and vivilian circles. The strong influence of Mongolia made the taste of the traditional personal ornaments laste. The personal ornaments were used for the nobles until the age of the Unified Sillar but even the common people could use them in case they were rich, and such a circumstances made the use of foreign goods inflated. The prohibition of Koryo era was aimed at the prohibition of the foreign goods of luxury, and the classification of the social status.In the age of Chosun Dynasty, the production of gold and silver was feeble indeed but the oute reason of the prohibition was to eradicate the luxurious tendency, elevate the custom of eradicate the luxurious tendency, elevate the custom of thrift, and moreover, the gold, silver and jade were no the products of Korea and the prohibition was conducted but the true reason was afor the tribute tt China and the classification of status. The prohibition of Chosun dynasty was conducted first in the June of the 3rd year of King Taejo The major contents of prohibition was no use of gold, silver and jade, coral, agate, amber, etc. of th, wives of the Dang-Sang-Kwan (Court Nobleman) or their sons and daughters, and the same pheno menon was common even at the time of marriage. The people engaged in the secret trade there of wert beheaded. The personal ornaments in the prohibition were the pendent trinket, Binyo (crossbar) ceremonial ornamental hat, ring, earring, ornamental knife, hat string, hat ornament, belt, etc. Thl luxurious marriage expenses out of the luxury was severe, and lose of the marriageable age because 0 non-preparing the marriage goods was the national evil. The prohibition oC luxury was hard to bt kept to the nobles or rich people, the same as old days and present days. The prohibition of th{ luxury and personal ornaments of Korea had nothing to do with the commons, and it was limited tc the nobles and rich people. The prohibition was aimed to cultivating the custom of frugality by eradicating the luxurious atmosphere, but it was chiefly due to the tribute to the China and tht discrimination of the. status. We can say that the recent personal ornament was the flower of handi craft industry bloomed in the prohibition and regulation.

• Journal of the Korean Home Economics Association
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• v.32 no.5
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• pp.165-182
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• 1994

Korea's clothing industry which has been country's leading export industry and basic strategical industry is now faced with many difficulties both domestically and internationally. Domestically it is faced with continuing shortage of manpower in both production line and management high labour cost causing increase in price putting more weight on behavior of consumers resulting in change of industrial environment and continuing structural problems of industry itself. Internationally it is faced with strengthening of import regulations and protectionism of developed countries and rapid emergence of underdeveloped countries as leading exporting nations. In reality export plays the most essential role in our economy and is especially sensitive to the external environmental factors. Already economic bloc phonomenon can be seen everywhere and is continuing to accelerate in place such as E. U in Europ, North & South America as NAFTA, and South East Asian contries which recent tendency of economic unity effort is present. These countries of such economic blocs are imposing heavy custom duties reinforcing provision of country origin and acting out strict inspection regulations in order to protect the interest of their own industry. Therefore it is vital to manufacture excellent quality goods For these reasons study in this area has brought attention in Korea as well as worldwide in the recent years. Apparel industry which requires professional technology and ability is the most competitive international business. In order to challenge the international market the high level of intelligence is most required to produce high quality goods. The purpose of this study is to analyze the relationship between functions and roles of marketing and to approach problems in more efficient manner. Apparel industry is composed of various programs such as design pattern making merchandising and textile science. To succeed in the business is to give the highest satisfaction to the targeted market. Hence this study will example the factors that determine the Cost Quality and Performance of apparel products. The study will involve following steps; firstly establish relationship between the quality concept and productivity of apparel products Secondly inquire in to marketing strategy laying stress on apparel production related factors focusing on merchandising marketing production and operations Thirdly prospect 21st century apparel industry focusing on garment production and trade and also other countries structural improvement Fourthly establish the new dimension of competitive factors by grasping the actual circumstance of Korea's apparel industry in the international market. The research method will include; First reality approach method by analysing the present state of industry Second literal analysis such as marketing comparisons between leading apparel exporting countries.

• Cross-Cultural Studies
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• v.30
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• pp.7-29
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• 2013

A movie which brought its material from a historical character or incidents in the past was produced by a story suggestion through a historical fact. It is because Shakespeare created a story based on a mythical element related with his life in the plot which was written from the script of the play and was on the show in the cinemas of London. It is an obvious fact that the historical drama of this movie was intentionally modified and the fictional story was added to episodes in order to create a dramatic effect. However, reflecting historical backgrounds and cultural aspects accurately through a historical study would also be an important factor. Therefore, the backgrounds and aspects presented in this movie are a kind of storytelling which was reconstructed as if a historian added his opinion to historical facts like a discourse. A historical background in was a story about Shakespeare who worked at the theater in London as a writer in 1593 the period of England Reneissance. The movie included the working and playwriting of Shakespeare who is a main character. This indicated not only the environment of the theater and literature during the reign of Queen Elizabeth I but also historical aspect in the early modern industrial society in England. This movie, that is, described that time as a recreation such as a cultural acceptance and an achievement of an initial capitalism in Renaissance in the life of characters. In particular, the factor of theaters flourishing during the Renaissance was because a newly emerging class, bourgeoisie, who held the capital emerging from a policy for middle class led to a box office hit through founding theaters and drama company and selling tickets and performing plays by themselves. Like this, the movie depicted the time led by plays to a industrialization. Moreover, Social aspects in the late 1500s were revealed in this movie through a depiction of the cinemas and the city of London. The depiction of the city of London reflected a social situation of an initial capitalism rapidly developed in trade and commerce. The social aspects such as conflicts between social classes based on getting richer and poorer, mammonism, a corrupted love between the male and the female, a immortality with growing brothels, religious and political conflicts with the foundation of the church in England were closely linked with characters' daily routine at that time in London and were reflected in this work overall. The reason why we highlight characters' job and custom like this in the movie is that these are ideationally inherent in a critical mind from people at that moment. The historical background and reproduction of the image depicted in the movie were focused on characters' daily routine and indicated the problem mentally and independently exposed in the form of initial capitalism.

• Korean Journal of Heritage: History & Science
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• v.36
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• pp.347-377
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• 2003

China is a country with large agricultural areas and subject to frequent calamities. Drought is the top of them. It has been a key problem for development of agriculture in the country. In the long struggle against drought, Chinese have accumulated many rational and irrational experiences. The Dragon Kings Belief, which is popular in North China and discussed in a thesis, is one of their irrational experiences. The belief was passed together with Buddhism from India to China in the Tang Dynasty. After it settled down, it was incorporated with the local five dragons belief and a set of beliefs in dragon kings came into existence. The emergence of the dragon kings belief ended the history that the title of rain got was not clear in China and Dragon kings finally got the status. Irrigation is the lifeblood of agriculture in China. In a Chinese mind, Dragon kings are the most important gods who take charge of rain and thus offer the lifeblood. In understanding the nature and characteristics of Chinese traditional culture, it is important for us to make clear the origin and evolution of the belief, find out its nature, function and operation. In the every year beginning of February of the Fanzhuang calendar in the people of Hebeisheng Zhaoxian, would all hold a festival to offer sacrifices to the $^{{\circ}TM}^{\prime}longpai$. Longpai was regarded as the core of the temple fair, thus the native sons came to call this festival; "longpaihui". In this region the'Fanzhuang longpaihui'developed into a well knownand grand temple fair. It was able to attract numerous pilgrims with its special magic power, occupying a place in $China^{{\circ}TM}$ 'eryueer'festival with festive dragon activities. The dragon is a common totem among Chinese nationals. The belief worship of the dragon dates from the start time of primitive societies. Dragon oneself the ancients worship's thunder lightning. In the worship of the great universe, at first afterwards this belief with the tribe's totem worships to combine to become the animal spirit. In ancient myths legends, along with folk religion and beliefs all hold a very important position. The longpaihui is a temple fair without a temple; this characteristic is a distinction between longpaihui and other temple fairs. As for longpaihui must of the early historical records are unclear. The originator of a huitou system has a kind of organized form of the special features rather, originator of a huitou not fix constant, everything follows voluntarily principle, can become member with the freedom, also can back at any time the meeting. There is a longpaihui for 'dangjiaren', is total representative director in the originator of a huitou will. 'banghui' scope particularly for extensive, come apparently every kind of buildup that help can return into the banghui, where is the person of this village or outside village of, the general cent in banghui work is clear and definite, for longpaihui would various businesses open smoothly the exhibition provides to guarantees powerfully. Fanzhuang longpaihui from the beginning of February to beginning six proceed six days totally. The longpai is used as the ancestry absolute being to exsits with the community absolute being at the same time in fanzhuang first took civil faith, in reality is a kind of method to support social machine in native folks realize together that local community that important function, it provided a space, a kind of a view to take with a relation, rising contact, communication, solidify the community contents small village, formation with fanzhuang. The fanzhuang is used as supplies for gathering town, by luck too is this local community trade exchanges center at the same time therefore can say the faith of the longpai, in addition to its people's custom, religious meaning, still have got the important and social function. Moreover matter worthy of mentioning, Longpai would in organize process, from prepare and plan the producing of meeting every kind of meeting a longpeng of the matter do, all letting person feeling is to adjust the popular support of, get the mass approbation with positive participate. Apart from the originator of a huitou excluding, those although not originator of a huitou, however enthusiasm participate the banghui of its business, also is too much for the number.

• International Commerce and Information Review
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• v.8 no.4
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• pp.105-121
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• 2006

This study is related with the judgements of our country's supremcourt against the transaction of Letter of Credit which is beneficiary's fraudulent trade deal. In this case I think to analyse the judgements and to present the basic grounds on which the judgements were established. In Letter of Credit transaction, there are the major parties, such as, beneficiary, issuing bank, or confirming bank and the other parties such as applicant, negotiating bank, advising bank and paying bank. Therefore, in this cases, the beneficiary, the French Weapons' Supplier who did not shipped the commodities, created the false Bill of Lading, let his dealing bank make payment against the documents presented by him and received the proceeds from the negotiating bank or collecting bank, thereafter was bankrupted and escaped. For the first time, even though the issuing bank conceived that the presented documents were inconsistent with the terms of L/C. it did not received the payment approval from the applicant against all the discrepancies, made the negotiating bank pay the proceeds to exporter and thereafter, delivered the documents to the applicant long after the time of the issuing bank's examination of documents. The applicant who received the documents from the issuing bank, instantly did not examine the documents and inform to the issuing bank whether he accepted the documents or not. Long time after, applicant tried to clear the goods through custom when he knew the bill of ladings were false and founded out the documents had the other discrepancies which he did not approved. As the results, the applicant, Korea Army Transportation Command claimed, that the issuing bank must refund his paid amount because issuing bank examined the documents unreasonably according to u.c.p 500 Act 13th, 14th. In spite of the applicant's claim, the issuing bank argued that it paid the proceeds of L/C reasonably after receiving the applicant's approval of an discrepancy of document, the delayed shipment, but for concerning the other discrepancies, the trivial ones, the applicant did not examined the document and noticed the discrepancies in reasonable time. Therefore the applicant sued the issuing bank for refunding it's paid proceeds of L/C. Originally, this cases were risen between Korea Exchange Bank and Korea Army Transportation Command. As result of analysing the case, the contents of the case case have had same procedure actually, but the lower courts, the district and high courts all judged the issuing bank was reasonable and did not make an error. As analysing these supreme court's judgements, the problem is that whether there are the applicant's liability of examining the documents and informing its discrepancies to the issuing bank or not, and if the applicant broke such a liabilities, it lost the right of claiming the repayment from issuing bank. Finally to say, such applicant's liabilities only must be existed in case the documents arrived to the issuing bank was delivered to the applicant within the time of the documents examination according to u.c.p 500 Act 14, d. i. But if any the documents were delivered to applicant after time of the documents examination, the applicant had not such liabilities because eventhough after those time the applicant would have informed to the issuing bank the discrepancies of documents, the issuing bank couldn't receive repayment of its paid proceeds of document from the negotiating bank. In the result after time of issuing bank's examination of documents, it is considered that there's no actual benefit to ask the applicant practice it's liability. Therefore finally to say. I concluded that the Suprem Court's judgement was much more reasonable. In the following, the judgements of the supreme court would be analysed more concretely, the basic reasons of the results be explained and the way of protecting such L/C transaction would be presented.