• 무역상무연구
• /
• 제65권
• /
• pp.141-160
• /
• 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.

• 해양환경안전학회지
• /
• 제5권2호
• /
• pp.141-165
• /
• 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enters Korea territorial jurisdiction with the intention to unload the same until the time the goods are released or withdrawn from the customhouse upon payment of the appropriate duties.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
• /
• 제52권3호
• /
• pp.626-632
• /
• 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.

• 한국재난정보학회 논문집
• /
• 제18권4호
• /
• pp.795-805
• /
• 2022

연구목적: 이 연구는 최근 증가하고 있는 외국인 마약사범 문제를 살펴보고 현재 우리나라의 마약정책의 개선방안을 제시하기 위한 목적을 가지고 연구를 수행하였다. 연구방법: 이 연구의 목적을 달성하기 위하여 관련분야 선행연구 및 통계자료 등을 분석하고 해외사례 등을 참고하여 개선방안을 제안하였다. 연구결과: 2000년대 들어와 외국인의 국내 거주가 증가함에 따라 외국인마약범죄가 증가하고 있다. 실제 외국인 마약범죄 발생 실태를 살펴보면, 한국인의 마약범죄 계수 대비 1.2~3.3배 이상 더 발생하는 것으로 나타났으며, 2012년에 비해 2021년에는 6.5배 이상 증가한 모습을 보였다. 특히, 향정신성의약품과 관련된 마약범죄가 폭발적으로 증가하는 모습을 보였고, 마약 밀수로 많은 돈을 벌수 있는 사례가 등장하며 2016년을 기점으로 마약밀수가 폭발적으로 증가하였다. 결론: 외국인 마약범죄에 효과적으로 대응하기 위하여 외국인마약사범에 대한 집중 단속과 마약사범의 출신국별 가중치를 부여하여 마약류를 유입시킬 가능성이 높은 외국 출신자에 대한 입국의 기준을 강화하는 등의 방법을 제안하였다.

• 통상정보연구
• /
• 제11권4호
• /
• pp.263-287
• /
• 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
• /
• 제42권4호
• /
• pp.1-25
• /
• 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.

• 무역상무연구
• /
• 제71권
• /
• pp.245-265
• /
• 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.

• 무역상무연구
• /
• 제71권
• /
• pp.297-324
• /
• 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.

• 통상정보연구
• /
• 제14권1호
• /
• pp.273-299
• /
• 2012

일본의 관세 및 세관행정은 매우 보수적이었으며 사회안전 및 국민 안전확보와 무역원활화 가운데 사회안전 및 국민안전확보 측면을 강조해 왔으며, 최근에는 지적재산권 침해물품에 대한 문제를 중요한 과제로 인식하고 있다. 이에 반해서 우리나라의 경우는 통관간소화를 추진하는 과정에서 수출입 신고내용과 물품의 일치여부를 검사비율이 현저하게 낮아져 수입업자가 악용할 수 있는 여지를 두고 있다. 이러한 가운데 일본의 관세 및 세관행정의 변화는 우리나라에게 어느 정도 시사점을 제시하고 있다고 보여진다. 따라서 본 논문에서는 일본의 관세 및 세관행정에 대한 변화에 대한 시사점을 도출하고 이러한 일본의 변화에 대한 우리나라의 대응방안을 제시하였다.

• 통상정보연구
• /
• 제10권4호
• /
• pp.395-416
• /
• 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.