• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.65
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• pp.141-160
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• 2015

With the steady growth of our nation's economy, the purchase power of our domestic citizens has continuously enhanced. In recent years, online overseas shopping has rapidly warmed up, increasing number of Chinese people have started to purchase overseas products via internet. According to China's current legislation, the imported goods are divided into goods and items based on "profitability standard", and regulated by different rules of clearance supervision and import duties. Goods can't pass through custom and pay duties in the form of items, and the import duties burden of goods is generally much heavier than that of items. Goods of entrusted overseas shopping pass through custom and pay duties in the form of items, but goods of profitable purchasing are goods, not items. Therefore, the profitable-purchasing behavior is smuggling. Although goods of unprofitable purchasing are items, unprofitable-purchasing behavior may also constitute smuggling. The author concludes that causes of smuggling crime are: huge market demand for overseas goods, lack of customs supervision, law blank of petty foreign trade, and public's misconception of entrusted overseas purchasing are the major factors. The author proposes the corresponding preventive measures against the crime, such as to establish an one-stop service system in online Shopping Mall, to modify the Passengers' Baggage Declaration Form, to establish a relatively simplified clearance system of small cargo, to establish a relatively reasonable import duties of petty trade.

• Journal of the Korean Society of Marine Environment & Safety
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• v.5 no.2
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• pp.141-165
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• 1999

The Customs Act provides for a general rule all goods entering Korea shall be subject to customs duties as set in the customs tariff schedules as other fees and taxes determined except those excluded by virtue of the Customs Act or intentional agreements. Importation begins from the time carrying vessel or aircraft enters Korea territorial jurisdiction with the intention to unload the same until the time the goods are released or withdrawn from the customhouse upon payment of the appropriate duties. Imported articles may be categorized into prohibited importations, dutiable importations and conditionally free importation. Some other articles are qualifiedly prohibited, meaning they can enter the country after compliance with certain conditions. If there is any conduct violating these act, criminal sanctions may be imposed for the prevention and suppression of smuggling and other frauds, and the enforcement of tariff and customs act. As a result importers who intentionally violates Korea Customs Act may be subject to criminal prosecution. Many major provisions of customs act have imposed severe sanctions for customs crimes in comparison with other crimes due to general rule of criminal law. There is a great deal of activity in Pusan area relating to smuggling of narcotics and prohibited drugs, obscene articles and weapons. On one side, criminals who seek to profit by narcotics or drug threaten public health and human environment, On other side, weapon smuggling is a significant threat to our national security. However the studies on customs crime and customs act have not been viewed. Thus this Article overviews especially the customs crime and criminal sanction focused on domestic customs act.

• Nuclear Engineering and Technology
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• v.52 no.3
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• pp.626-632
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• 2020

Radiation Portal Monitors (RPMs) are our primary border defense against nuclear smuggling, but are they still the best way to spend limited funds? The purpose of this research is to strategically compare RPM defense at the border with state-side mobile detectors. Limiting the problem to a comparison of two technologies, a decision-maker can prioritize how to best allocate resources, by reinforcing the border with stationary overt RPMs, or by investing in Mobile Radiation Detection Systems (MRDs) which are harder for an adversary to detect but may have other weaknesses. An abstract, symmetric network was studied to understand the impact of initial conditions on a network. An asymmetric network, loosely modeled on a state transportation system, is then examined for the technology that will maximally suppress the adversary's success rate. We conclude that MRDs, which have the advantage of discrete operation, outperform RPMs deployed to a border. We also conclude that MRDs maintain this strategic advantage if they operate with one-tenth the relative efficiency of their stationary counter-parts or better.

• Journal of the Society of Disaster Information
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• v.18 no.4
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• pp.795-805
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• 2022

Purpose: The purpose of this paper is to examine the recently rising number of foreign drug offenders in Korea and suggest improvement measures for the Korean drug policy. Method: This paper analyzed the preceding research, statistical data, etc., on related fields and referred to overseas cases to suggest improvement measures. Result: The foreign population living in Korea increased in 2000s, and the foreign drug offender cases are increasing accordingly. The survey on foreign drug offenses showed that the case of foreign drug offender is higher than the case of Korean drug offenders by 1.2 to 3.3 times. In 2021, the foreign drug offender cases increased by 6.5 times compared to 2012. Especially, the number of psychoactive drug-related drug offenses increased dramatically. The drug smuggling also remarkably increased starting from 2016 as some people earned a lot of money from smuggling the drugs Conclusion: To cope with the foreign drug offenders effectively, this paper suggested intensive monitoring of the foreign drug offenders and weighting on the drug offenders depending on their home country to intensify the entry standards on foreigners who are likely to smuggle drugs.

• International Commerce and Information Review
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• v.11 no.4
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• pp.263-287
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• 2009

This paper aims at examining whether the current Korean customs punishment system is appropriate and reasonable for eliminating customs offenses, such as smuggling, and explores ways to improve the penal provisions of customs law. The current multiple fine system, governed by the penalty for evasion of customs duty, penalty for abatement and exemption by fraud or unfair practices and penalty for drawback by fraud or unfair practices, clearly violates a sense of responsibility and the constitutional principle of no excess punishment. Therefore it should be changed to a fixed fine system and confiscate and collect in addition the items with customs evasion and exemption by fraud or unfair practices.

• KDI Journal of Economic Policy
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• v.42 no.4
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• pp.1-25
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• 2020

The international community's sanctions against North Korea, triggered by North Korea's nuclear tests and by missile development in the country, are considered the strongest sanctions in history, banning exports of North Korea's major items and limiting imports of machinery and oil products. Accordingly, North Korea's trade volume decreased to the level of collapse after the sanctions, meaning that the sanctions against North Korea were considered to be effective. However, according to this paper, which analyzed the price fluctuations of refined petroleum products in North Korea through the methodology of an event study, the market prices of oil products were only temporarily affected by the sanctions and remained stable over the long run despite the restrictions on the volumes of refined petroleum products introduced. This can be explained by evidence that North Korea has introduced refined oil supplies that are not much different from those before the sanctions through its use of illegal transshipments even after the sanctions. With regard to strategic materials such as refined oil, the North Korean authorities are believed to be desperately avoiding sanctions by, for instance, finding loopholes in the sanctions to meet the minimum level of demand.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.245-265
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• 2016

A number of Chinese students who are studying in Korea have been gradually increasing since Korea and China established diplomatic relations. Many of them sale Korean products to China while studying for their degree programs in colleges. This kind of transactions can be named C2C overseas direct sales. C2C overseas direct sales which are being performed by Chinese student are good for exportation of Korean products. However Some of these transactions are not legal according to present law, First, Chinese student don't have legal status to make the transactions. Second, Chinese students usually make false declarations for evading the taxes, including tariff and VAT, Third, Chinese students can not offer the after-sale service for the goods for the Chinese consumers. Although C2C transactions have some legal matters, they should not be banned by a one-size-fits-all method. In this study, we highly recommend for the development of C2C transactions, First, Korean government should give Chinese students legal status. Second, China customs must strictly prohibit illegal activities of smuggling by taking advantage of postal route. Third, sellers in China can offer the after-sale service to consumers through some specialist A/S firms.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.71
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• pp.297-324
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• 2016

China not only has the largest amount of rare earth reserves, but it also produces the most rare earth products. However, China lacks appropriate supervision and management systems of its rare earth industry. The Chinese government's inappropriate mechanisms have been cause for reckless development by national rare earth providers characterized by excessive competition, environmental pollution, and smuggling. In response to the problems, China implemented regulatory measures to restructure the rare earth industry. The Chinese central government intensifies its efforts to control the total quantity of rare earth products and tackle environmental pollution. Six leading conglomerates have been selected to promote the Chinese central government's policy. A new environmental guideline has been drawn up to reduce the discharging of wastewater and air pollution substance. Huge transition and a great influence of its policy changes are expected. These policy changes are bound to entail huge transitions, and the policy is expected to have a great influence in the future structure of the rare earth industry. In consideration of these changes, the Korean government, in collaboration with private enterprises needs to take appropriate measures, such as overseas resources development, R&D expansion, tactical stockpiling, professional manpower training and so on.

• International Commerce and Information Review
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• v.14 no.1
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• pp.273-299
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• 2012

Japan's customs ensure the safety of international trade and trade facilitation has been pursuing. To do this, AEO was introduced to this system and expanding the supply chain currently maintain security and improve customer convenience is necessary to continue to be pursued. In addition, the imposition of customs duties in accordance with changes in the environment to Tariff offenders and increased the amount of tax evasion, smuggling of narcotics, including amphetamines and response, the increase in access is required. In this paper, Japan's tariff and customs administration for the change in the future for Japan-related materials around the Treasury Department's analysis will attempt to draw implications for this.

• International Commerce and Information Review
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• v.10 no.4
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• pp.395-416
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• 2008

The advance information for oceangoing cargoes destined to th United States enable CBP to evaluate the potential risk of smuggling WMD and to facilitate the prompt release of legitimate cargo following its arrival in the Unites States. On January 1, 2008, CBP promulgate regulations, also known as 10+2 rule, to require the electronic transmission of additional data elements for improved high-risk targeting, including appropriate security elements of entry data for cargo destined to the United States by vessel prior to loading of such cargo on vessels at foreign seaports. The potential impact to an importer's international supply chain will be as follows ; Firstly, importers will take incremental supply chain costs and filing costs. Secondly, anticipate delay in shipment of containerized cargo. Thirdly, importers could be charged fines if they fail to file and file inaccurate or missing data. Companies exporting to the United States should be interested in 10+2 rule, analyze their current processes and procedures to ensure that they are prepared to handle the additional filing requirements of 10+2 rule. And they should focus on how 10+2 impacts their supply chain in terms of costs and sourcing. They will be necessary to revise service legal agreements with their forwarders, customs brokers or carriers in order to meet filing requirements of 10+2 rule.