• Korea Trade Review
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• v.41 no.3
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• pp.63-107
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• 2016

This paper analyzed the restrictiveness of the rules of origin of the 15 FTAs of Korea utilizing the restrictiveness index suggested by Estevadeordal(2000). The main purpose of the paper is to provide an update of the current status and characteristics of the restrictiveness of the rules of origin based on product type and country. The research showed that FTA with EU and Turkey showed the highest restrictiveness, whereas New Zealand, Peru and India showed the lowest. Overall, Korea's restrictiveness index was found to be at appropriate levels. Additionally, in terms of the current status by restrictiveness index, over time with the exception of European countries in the FTA, products with the lowest score in restrictiveness index of 2 continued to be processed in the Korea-Peru FTA which illustrated the current trend of easing restrictiveness. In terms of restrictiveness index based on product type, commodity products, processed food, clothing-fabric-general merchandise were found to be very strict. However, in categories such as general machinery, electronics, chemical products and precision instruments, the restrictiveness index showed the lowest readings. The results imply the high restrictiveness in sensitive products that are vulnerable from competition through high tariffs, and easing of restrictiveness in competitive products in order to vitalize trade. The results also show that in Korea's FTA, Korea's rules of origin in FTA vary and are sorted in a complicated manner. With an increasing number of FTAs and a number of different rules of origin, there is a need for standardized criteria for Korea. This study was significant in that it compiled all the rules of origin and the restrictiveness index of all FTAs that came into effect and have been negotiated in Korea. The results of the research are expected to be used as an informative and meaningful guideline for Korea's FTAs.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.57
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• pp.221-241
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• 2013

Country of origin is very important in terms of consumers right to know, protection of producer, national finance and tariff preference etc. The principal issues related to country of origin are breaches of origin mark, determination of origin of OEM products, domestic products using imported raw materials, exports products, and fairness of penalties. This study focus origin mark issues on key components and set products which have not been treated so far. First, Origin mark issues on key components need to introduce multiple countries of origin for the same products. Some specific products, which are considered important key components or materials, has to mark multiple country of origin in terms of portion and significance. Next, Origin mark issues on set products need to expand the objects from 15 listed items of Korea Foreign Trade Act to all items of HS tariff schedules of Korea Customs Act. A set products which below 15% of components can mark single country of origin like FTA agreement such as Korea-EU FTA, Korea-EFTA, Korea-US FTA and Korea-Peru FTA.

• Korea Trade Review
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• v.41 no.5
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• pp.213-233
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• 2016

In an FTA, rules of origin are decided by an agreement between countries directly involved and provided through a written agreement, considering the characteristics of each industry and the situations of the countries, for the characteristics of each item. The PSR on fishery products by item are broadly divided into an agreement that applies the wholly-obtained criterion and an agreement that applies the Change of Chapter (CC). Fishery products belong to HS Code Chapter 3, which are generally produced through obtaining by raising or fishing. This study compared each agreement from this point of view. For the fishery products caught, an error in the job-related judgment may occur in a situation in which the persons in charge do not have any background knowledge involved with high sea fisheries. Since ships may sail, hoisting the flag of the country of registration according to an international agreement, involved with requirements for the recognition of ships for the judgment of the country of origin, the principle of the exclusivity of the flag state should be taken into consideration.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.589-616
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• 2016

The reviewing of an analysis of the Korea-China FTA due to guidance introduced for the new regulations or exceptional regulations compared to the KORUS, Korea-EU, Korea-ASEAN FTA. Commodity sectors in the Korea-China FTA and the KORUS, Korea-EU, Korea-ASEAN FTA(the majority in the country and trade criteria analysis result) compared and analyzed the results, rules of origin and the customs clearance procedures of origin, preferential tariff rate of origin and the origin preferential specific rules are somewhat difference, but customs and trade facilitation regulations are already quite consistent with the Korea customs system. Relatively important research results were as follows. First, the calculation of the regional value content in KORCHINA FTA is that I'm to use the deduction method can comprehensively reflect a regional value ratio, with respect to the materials acquired originating status as the FTA in the US and EU use the product non it's not to consider the value of the originating materials originating materials can be utilized for intermediate goods. Second, even if a non-treaty country in the middle with the exception of direct transport rules, and acknowledge the country of origin are under customs control, there are provisions for the period are temporarily stored in a non-treaty countries separately, that period goods imported into the non-treaty countries and up to three months from the day. If the situation of the occurrence of force majeure be greater than three months, but has so exceed six months. Third, the materials acquired originating status in the Korea-China FTA not to consider the value of non-originating materials used in its products as the KORUS FTA and Korea-EU FTA, that can be utilized originating materials for intermediate goods. It is expected that higher utilization of rules of origin. Meanwhile, Korea-China FTA has provisions to allow requests for preferential tariff applied on imports Customs declaration of intention to apply pre-condition for a preferential tariff applied to the importer. In other words, if the import customs tariff preference when applying post-intention not to advance is to be noted that any preferential treatment to prevent the later application.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.78
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• pp.119-143
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• 2018

This research aims to review every important academic research on risk management in FTA and to suggest a future area for further research. This research area seems to focus on conceptual study or fact finding rather than on theory development or empirical research on causal relationship or theory testing. The National Assembly Digital Library analyzed the results of 3,576 researches on thesis and journals fromthe results of the FTA. Research on FTA is analyzed in four major themes. First, there have been previous studies on business performance such as FTA export performance and economic effect. Second, analyzed the effects of FTA in product and service. The products are classified into agricultural, marine products, manufacturing, textiles and clothing, medicinal pharmaceuticals, cosmetics, and others. Services are classified into educational and cultural contents, service industry and financial industry. Third, research on the risk management of FTA Origin is broadly classified into the use of country of origin and the verification of origin, and the use of origin includes the study of rules of origin and systems of origin and management. Origin verification was divided into origin verification and origin risk management. Fourth, study on the conclusion area of the FTA, studies were conducted on areas such as Korea-US FTA, Korea-China FTA, Korea-EU FTA, Korea-Japan FTA, Korea-Chile FTA, and Korea-ASEAN FTA. Search results through the FTA, focused on analyzing the FTA area and concept research by research purpose. In addition, research methods are mainly focused on documentary survey, and research areas are concentrated on specific countries such as China and USA. This implies a necessity for a future development in that research area. Other areas for future research may include case research on actual failures in FTA, proactive risk management strategy, and integrated risk management for export companies. Risk management in FTA may help investment expansion, and that is why research on the issue matters.