• Korean Security Journal
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• no.20
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• pp.365-392
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• 2009

The increased concern about national security in the U.S. after the 9/11 terrorist attacks has influenced public rights of access to government information and its legal foundation, the Freedom of Information Act (FOIA). Public access to government information has been restricted at the policy level by a series of legislative and executive changes in FOIA after September 11, 2001, but the examination of statistics on FOIA implementation between fiscal years 1999 and 2004 shows that the strengthened national security measures did not have a considerable impact at the implementation level during this period. These contrasting findings might be due to the public officials' informal reaction to the criticism of the restriction on public access, bureaucratic inertia, and the use of new record categories not subject to FOIA.

• Journal of the Korea Safety Management & Science
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• v.16 no.3
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• pp.307-316
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• 2014

In view of the increased threat arising terrorism, the International Maritime Organization(IMO) adopted the International Ship and Port Facility Security Code (ISPS Code) which attached to the SOLAS Convention. The ISPS Code requires a comprehensive set of measures to enhance the security of ships and port facilities. For example, a shipowner must obtain the International Ship Security Certificate(ISSC). If the carrying vessel has not ISSC, the ship may be detained by the contracting governments. The Joint Cargo Committee(JCC) in London adopted the Cargo ISPS Endorsement, in which the assured who knowingly ships the cargoes on a non-ISPS Code compliant vessel will have no cover. However, where there is no the Cargo ISPS Endorsement in a Marine Cargo Insurance Policy and the cargo is carried by a non-ISPS Code certified vessel, the legal problem is whether or not it would constitute a breach of an implied warranty of seaworthiness and/or an implied warranty of legality. The purpose of this article is to analyze the potential legal issue on the relations between non-ISPS Code compliant vessel and two implied warranties under Marine Insurance Act(1906) in U.K.

• Strategy21
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• s.39
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• pp.82-113
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• 2016

This paper analyzes the contents and the effects of the UNSC 2270, and its implications to South Korea's defense strategy and navy. The UN Security Council passed strong sanctions against North Korea which punish North Korea's 4^th nuclear test. The sanctions compared to the previous ones require international society to take practical actions such as comprehensive trade bans as well as diplomatic isolation which will put significant pains on North Korea. Especially, these measures would greatly hamper economic development policy of Kim Joung-un regime. Because Kim Jung-un regime has inherent legitimacy problems which stems from the third family succession of the power, economic difficulties may play an important cause on the regime instability in the long term. In fact, the United States sees this possibility as an option to coerce North Korea in which North Korea choose denuclearization for its regime survival. Nevertheless, the prospects of the UN sanctions are not so optimistic. Considering North Korea's willingness for nuclear development and its level of nuclear technology, North Korea will try to play a gambit with the US and South Korea by exploiting its strategic advantages. North Korea's response will have three following strategies. First, it would actively pursue political and economic survival strategy by using China's support for the regime, strengthening its power grip in the name of countering US hostile policy, and enhancing peace propaganda. Second, North Korea will accelerate efforts to position its status as a nuclear de facto state. For this purpose, it could create nuclear crisis on the peninsula. Third, it would exploit local provocations as an exit strategy to get over the current situation. In order to counter North Korea's actions and punish North Korea's behavior strongly, South Korea needs following strategies and efforts. It should first make all the efforts to implement the UN sanctions. Strong and practical nuclear deterrence strategy and capability with the U.S. should be developed. Effective strategy and capabilities for the prevention and deterrence of North Korea's provocation should be prepared. For this purpose, North Korea's provocation strategy should be thoroughly reviewed. Active international cooperation is needed to punish and coerce North Korea's behavior. Finally, South Korea should prepare for the possible occurrence of North Korea's contingency and make use of the situation as an opportunity to achieve unification. All these strategies and efforts demand the more active roles and missions of South Korea's navy and thus, nullify North Korea's intention militarily.

• Korean Security Journal
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• no.22
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• pp.197-230
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• 2010

This study examined the institutional improvement directions of industrial security programs, particularly focusing upon policies and practices in the U.S., to enhance the effectiveness of industrial security programs in Korea. This study also aimed to investigate the significance of institutional and/or policy implementations in preventing economic espionage attempt. Data leakage and/or loss of trade secrets in corporations has been a scary proposition and a serious headache to both the CEOs and the CSOs(Chief Security Officers). Security professionals or practitioners have always had to deal with data leakage issues that arise from e-mail, instant messaging(IM), and other Internet communication channels. In addition, with the proliferation of wireless and mobile technology, it's now much easier than ever for loss by data breaches to occur, whether accidentally or maliciously or even by an economic espionage attempt. The researcher in this study used both a case study and a comparative research to analyze the different strategies and approaches between the U.S. and Korea in regard of implementing policies to mitigate damages by economic espionage attempts and prevent them from occurring. The researcher first examined the current policies and practices in the U.S. in terms of federal government's and agencies' approach and strategies on industrial security programs and their partnerships with private-commercial-sectors. The purpose of this paper is to explain and suggest selected findings, and a discussion of actions to be taken on implementing a proactive and tactical approach to enhance the effectiveness of industrial security programs to fight against information loss or data leaks. This study used case reviews, literatures, newspapers, articles, and Internet resources relating to the subject of this study for triangulation of data. The findings during this research are as follows. This research suggests that both the private and the governmental sector should closely cooperate in the filed of industrial security to strengthen its traditional prevention strategies and reduce opportunities of economic espionage as well. This study finally recognizes both the very importance of institutional development led by the Government in preventing economic espionage attempts and its effectiveness when properly united with effective industrial security programs.

• Journal of Technology Innovation
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• v.24 no.1
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• pp.113-142
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• 2016

T-50 exportation to Indonesia embodied an objective of governmental policy and became a catalyst accelerating the exportation of domestic defense industries. Defense industry exportation is recognized as a new growth engine creating economic interests and it became an important policy of the government. This study will suggest an effective direction for the support policy of the defense industry exportation through analysis on factors behind the success of the T-50 exportation to indonesia in the view of policy network. Policy network theory has its efficacy and workability in analyzing what kind of results are yielded from each policy actor's attributes and their interaction during the execution and establishment of the support policy for the defense exportation. The type of policy network of the T-50 exportation to Indonesia was a policy community. Many governmental ministries, defense industry which is the group of interest, and experts from the research institutes have established the Korea Defense Trade Support Center(KODITS) for accomplishing common policy goal with mutually shared sentiment, and sought for a strategy for the success of the defense industry exportation having official and unofficial meeting centering around the KODITS. Although there were oppositions and conflicts among major actors, though forming a cooperative relationship among majority of the actors, policy-wise decision making for the exportation of the T-50 to Indonesia was efficiently carried out. The cooperative relationship was the key in the success of the T-50 exportation. Considering that the policy community from cooperative mutual interaction is efficient in reaching the goal of the defense industry exportation support policy, this study suggests operating government-wise temporary Task Force(TF) to succeed in big exportation projects such as the T-X exportation to the U.S. In addition, institutional and procedural supplementation such as regular meetings among the head of related governmental ministries and etc. are required in order to enhance the mutually cooperative relationship withing the TF.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.57
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• pp.283-303
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• 2013

When a trade conflict arises related to an officially supported export credit programme, The World Trade Organization(WTO), decides on whether the programme is a forbidden subsidy stipulated in the Agreement on Subsidies and Countervailing Measures(the ASCM Agreement). Korea was taken to the WTO panel two times for the export credit programme. One is the semiconductor case in 2002 and the other was the shipbuilding disputes in 2004. And, In 2012, the U.S. Commerce Department ruled K-SURE's export insurance for Korean refrigerator manufacturers as a forbidden subsidy even if the case was not taken to the WTO. This paper examines the significance of export credit programmes on the WTO ASCM Agreement and discusses how to operate these programmes so they would not infringe upon the Agreement by analyzing the actual cases of WTO subsidy conflicts that involved Korean enterprises in relation to export credit programmes for the purpose of determining the related issues and impacts. From this research the results were as follows: First, on whether export credit is a prohibited subsidy, the deciding factor was whether a benefit has been conferred to the beneficiary. On the presence of a benefit, the WTO panel used market benchmarks as the main criteria. Thus, official export credit agencies(ECAs) should be careful not to provide export credit support which had been granted to the beneficiary at better than market terms. Second, in the case of export credit, the special status of ECA as a public body receiving government support itself does not constitute a subsidy. However, caution must be taken not to provide export credit that may lead to WTO ASCM subsidy conflicts involving a certain exporter or industry by setting up clear and valid regulations and fair work processes in the operation of export credit programmes. Third, item (j) of Annex I cannot be interpreted reversely as this item is for interpreting the presence of a prohibited subsidy, not the presence of a benefit. Thus, an export credit program that confers a financial contribution, a benefit and specificity, could qualify as a prohibited subsidy. Fourth, ECAs not only have to maintain long-term account balance but also introduce additional measures to meet this long-term balance such as a clear and systematic premium system. Finally, export credit programmes that are not defined in item (j) of Annex I of the ASCM Agreement would not deemed as an prohibited export subsidy as long as the continued support of the programmes are not being forced.

• Journal of Digital Convergence
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• v.22 no.3
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• pp.1-7
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• 2024

This study provides an in-depth analysis of the impact of the deepening reform and opening-up policies announced at the 20th CPC Central Committee's Plenary Session, particularly focusing on the <Foreign Investment Law> and its effects on the tax decisions and organizational restructuring of Korean companies operating in China. Using a comprehensive literature review and policy analysis, the study compares the dual legal structure and tax differences before and after the implementation of the law, assessing how legal unification has influenced the organizational forms and tax strategies of Korean companies. The findings indicate that the <Foreign Investment Law> has played a crucial role in enhancing legal consistency and tax equity between foreign-invested enterprises and domestic enterprises, thereby enabling Korean companies to manage their operations in the Chinese market more stably and efficiently. Additionally, in the context of the ongoing U.S.-China trade conflict, the law's provision of national treatment and tax benefits has proven to be a significant factor in the survival strategy of Korean companies in China. Future research should focus on empirically examining the long-term effects of this law and its impact on actual corporate performance.

• International Commerce and Information Review
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• v.19 no.1
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• pp.43-63
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• 2017

I focused on LVTS compare with Fedwire to advance a research effects in this paper. The Fedwire Funds Service is generally used to make large-value, time-critical payments. The Federal Reserve Banks provide the Fedwire Funds Service, a real-time gross settlement system that enables participants to initiate funds transfer that are immediate, final, and irrevocable once processed. The Fedwire Funds Service is a credit transfer service. While, The LVTS(Large Value Transfer System) is the high value electronic wire system that facilitates the transfer of irrevocable payments in canadian dollars across the country. Through LVTS, funds can be transferred between participating financial institutions virtually instantaneously in a fully collateralized environment. Thus in this article, first of all, I considered features of payment system between LVTS and Fedwire. Second, I analyzed the governing structure and legal background. Third, I focused on the operational policy and risk aversion policy. Lastly, I suggested that the payment and banking system have to assume, with good reason, more efficiently accurately and securely operation together with conclusion.

• Journal of Environmental Policy
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• v.10 no.4
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• pp.3-37
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• 2011

This paper investigates the existence of the environmental Kuznets curve (EKC) for carbon dioxide $CO_2$ emissions and its causal relationships with economic growth and openness by using time series data (1971-2006) from China (an emerging market), Korea (a newly industrialized country), and Japan (a developed country). The sample countries span a whole range of development stages from industrialized to newly industrialized and emerging market economies. The environmental consequences according to openness and economic growth do not show uniform results across the countries. Depending on the national characteristics, the estimated EKC show different temporal patterns. China shows an N-shaped curve while Japan has a U-shaped curve. Such dissimilarities are also found in the relationship between $CO_2$ emissions and openness. In the case of Korea, and Japan it represents an inverted U-shaped curve while China shows a U-shaped curve. We also analyze the dynamic relationships between the variables by adopting a vector auto regression or vector error correction model. These models through the impulse response functions allow for analysis of the causal variable's influence on the dynamic response of emission variables, and it adopts a variance decomposition to explain the magnitude of the forecast error variance determined by the shocks to each of the causal variables over time. Results show evidence of large heterogeneity among the countries and variables impacts.

• International Area Studies Review
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• v.15 no.2
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• pp.101-123
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• 2011

The paper is basically attempted to reveal the factor price equalization(FPE) on Korea, United States, and Japan by the ARDL-bounds testing. Wage-rental ratio and relative commodity prices between Korea, United States, and Japan are analyzed by employing equality and convergence frameworks. Empirical evidences are shown that necessary and sufficient conditions for the FPE seems to be easily satisfied in a small country such as Korea rather than large ones as like United States and Japan. And, the FPE is more easily achieved by a nominal term rather than the real term. Due to the fact that an error correction term in the Error Correction Model is insignificant, direct mobility of labor and capital between the countries is not that effective to a short run adjustment. It implies that the FPE is in general going through a long run path. It also has to be mentioned that a trade policy has to selectively implemented depending on the weight of trading volumes and it has to be build up by a long run basis.