• 무역학회지
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• 제44권6호
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• pp.285-302
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• 2019

Good faith is difficult to define due to the facts that there is not an objective and concrete concept of good faith, and good faith in contracts for the international sale of goods is a principle that parties to the contract must act with sincerity as members of a social community. The Korean Supreme Court shall pay attention to setting the applicable standards that can be universally applied to good faith based on the self-established criteria. Through such effort, it is possible not only to realize the value of concrete validity pursued by the general clause of good faith but also to realize the value of legal stability by assuring the predictability of results when applying good faith. In the modern sense, it can be said that the arbitrary application of general rules rather than the escape and general clauses is a problematic situation in the application of good faith, but this problem can be solved by setting a reasonable standard of good faith. This paper studies good faith in the view of Korean law, international laws, and related cases in contract law. The purpose of this paper is to find the problems and solutions of the practical application of good faith by analyzing the Korean case (2009Da86000), which undermined the legal stability of good faith in Korea.

• 한국품질경영학회:학술대회논문집
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• 한국품질경영학회 1998년도 The 12th Asia Quality Management Symposium* Total Quality Management for Restoring Competitiveness
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• pp.339-344
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• 1998

Since 1997, JAB (The Japan Accreditation Board for Conformity Assessment) had started the activity of accreditation for the laboratory based on U.S. PL101-592: the Fastener Quality Act that was signed by President Bush on 1990. The number of accredit laboratories are 69 in Japan, 21 in Taiwan, 2 in Korea and 189 in U. S. A, as of 09/10/1998. The JAB accreditation encompasses the requirements of the ISO/IEC Guide 25, and the relevant requirements of ISO 9002. The purpose of ISO/IEC Guide 25, also had been harmonized as JIS Z 9325 'General requirements for the competence of calibration and testing laboratories 'mainly facilitates and promotes acceptance of calibration and test results between countries to avoid barriers to trade through as 'one stop testing'. The features and differences between Guide 25 and ISO 9000 will be clarify in this report.

• 정보학연구
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• 제7권2호
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• pp.55-67
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• 2004

디지털콘텐트산업은 정보화사회의 핵심적인 기반산업분야이나 복제의 용이성으로 디지털코텐츠를 법적으로 보호하지 않는다면 우리사회가 필요로 하는 디지털콘텐츠의 개발의욕을 저하시켜 산업발전을 기대할 수 없을 것이다. 따라서 디지털콘텐츠제작자의 법적보호는 국가적 이익을 극대화하기 위한 필수불가결한 조치일 것이다. 이러한 디지털콘텐츠제작자의 법적보호를 위하여 탄생한 법이 온라인디지털콘텐츠산업발전법이다.

• 무역상무연구
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• 제69권
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• pp.349-370
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• 2016

This thesis examines the problems faced in the electronic bill of lading for which improvements are necessary, and suggests various ways of overcoming those problems. First, to build a negotiation system for electronic B/Ls, active participation from related parties in addition to the government support is essential. Second, electronic B/Ls cannot be utilized within a short period of time in current commercial practices. Third, there should be infrastructure which connects all parties of international commerce through an electronic system. Fourth, instead of promoting mutual recognition through international treaty, there should be a plan which legally specifying mutual recognition between certification authorities. Fifth, it is needed to ease the strictness of electronic signature to promote the global negotiation of electronic B/Ls. Lastly, in prima facie weight of evidence, there was a significant difference with the Rotterdam Rules even in comparison with the Commercial Act which was amended with the significantly advanced rules on electronic B/L. He believed there should be a discreet consideration on these matters at the revision of the Commercial Act. For this, the government has to provide support more aggressively with more interest and commitments.

• 한국에너지공학회:학술대회논문집
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• 한국에너지공학회 1996년도 춘계학술발표회 초록집
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• pp.144-150
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• 1996

The Energy Efficiency Standards and Labelling Act, as amended by the Rational Energy Utilization Act, provides energy efficiency standards and labellings for six equipment categories(viz, refrigerators, air-conditioners, fluorescent lamps and ballasts, incandescent lamps, cars) authorizes the Ministry of Trade. Industry and Energy (MOTIE) to prescribe amended or new energy efficiency standards and labelling standards. This study was initiated by the KIER(Korea Institute of Energy Research) in 1992. KIER's assessment of the appliance energy efficiency standards is designed to evaluate their statistical and engineering analysis according to Korean Industrial Standards(KS). And to make didtinction between the poor efficiency and good efficiency models. 5 grades are classified depending on their tested energy efficiency. This year, based on our analysis, MOTIE mandated updated standards for refrigerators, air-conditioners, Incandescent lamps, and fluorescent lamps.

• 무역상무연구
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• 제47권
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• pp.213-237
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• 2010

The purpose of this paper is to analysis the legal aspects of e-commerce, particularly those relate to electronic contract, in China On 23 November 2005, the United Nations General Assembly adopted a Convention on the Use of Electronic Communications in International Contracts, known popularly as the Electronic Communications Convention. China signed it but the convention is not binding yet as it still requires the ratification by three states. On the other hand, China adopted a new act legalizing the electronic signature in 2004. This new act provides electronic signatures with the same legal status as handwritten signatures. But the efficiencies that business hopes to achieve through electronic commerce are not completely reflected in the legal processes necessary to support those hopes.

• Journal of Korea Trade
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• 제25권1호
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• pp.89-111
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• 2021

Purpose - The U.S. Trade Preference Expansion Act (TPEA) of 2015 enables the US Department of Commerce (DOC) to inflate dumping margin when the particular market situation (PMS) exists in the exporter's home market. DOC applied PMS provisions to the steel products from Korea. This paper analyzes whether DOC's calculation by using the regression analysis is consistent with WTO rules. Design/methodology - This paper analyzes the PMS application in law and regression analysis that extends the data period from 10 years to 18 years using the same economic model with DOC, and changes the country group according to the quantities of steelmaking capacity. Findings - Results show that DOC's argument conflating the sales-based with cost-based PMS designed to inflate dumping margins might not be consistent with WTO Antidumping Agreement Article 2.2 and 2.2.1.1 in which costs shall normally be calculated on the basis of records kept by the exporter, providing generally accepted accounting principles and reasonably reflection of the costs and PMS that exists in the Korean steel product markets. Even if it will be consistent, DOC's calculated margin by the regression analysis using a 10-year data is a big gap (5 times) compared with an 18-year data projection and different countries' data through the same methodology, which is a huge gap of regression coefficient. It means that dumping margin would be very wide range from 7.8% to 38.54% and unstable to calculate. Inflating dumping margin by DOC using regression analysis would not only be inconsistent with WTO rules, but also projection result is unreliable. Originality/value - Literature papers have mainly analyzed WTO law itself. This paper however, would be the first attempt to analyze the DOC's new way of dumping margin calculation in both manners of law and an empirical methodology perspective at the same time.

• 한국컴퓨터정보학회논문지
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• 제28권12호
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• pp.267-279
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• 2023

이 논문은 우리나라 대외 무역 및 곡물 수입 안정화 정책 수립에 있어서 중요한 역할을 하는 중국의 곡물 수출입 관련 법 제도를 분석하고자 한다. 본 연구의 결과로는 「대외무역법」에 근거한 중국의 대외무역제도는 대외무역관리기관에 대한 권한 위임의 범위와 책임이 명확하지 않은 것이 특징이다. 우리나라는 「대외무역법」과 그 시행령 및 관리규정에서 대외무역관리의 권한 위임에 대한 범위와 책임을 명확히 규정하고 있지만, 중국의 개정 「대외무역법」에서는 대외무역관리에 대한 권한 위임이 명확하게 명시되지 않아 지방정부나 기타 행정기관의 자의적 판단에 의한 개입의 여지가 있다. 전반적으로 중국의 곡물 수출입 관련 법 제도는 WTO 규정에 부합하는 제도적 틀을 갖추고 있는 것으로 평가된다. 하지만 법률 또는 법규의 모호성과 제도의 운영과정에서 나타나는 불합리성과 투명하지 않은 절차 등은 유의해야 하는 항목으로 여겨진다. 따라서, 향후 중국과의 교역 과정에서의 발생할 수 있는 불합리한 상황에 대한 사전 예방 중요할 것이다.

• 통상정보연구
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• 제9권3호
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• pp.287-304
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• 2007

Determination of the time and place of dispatch and receipt of electronic messages is an important element of the operation of many rules of law, particularly the timing of formation of the contract. In this paper, I reviewed interpretation and application of time and place of dispatch and receipt of electronic records in electronic transactions under the UNCITRAL(United Nations Commission on International Trade Law) Model Law on Electronic Commerce, USA Uniform Electronic Transactions Act and Korea Electronic Transactions Act. Time of dispatch and time of receipt are effective when received. The sender has the burden to prove that the electronic record is sent successfully to the information process system of the recipient. Therefore, to safety electronic transactions, the sender needs to request a confirm notice for receipt to the recipient when the electronic record is sent like the provisions of UNCITRAL Model Law on Electronic Commerce and Korea Electronic Transactions Act. By requesting the above, the sender is able to take precautionary measures for damage according to the failure of dispatch and receipt of the electronic records.

• 한국중재학회지:중재연구
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• 제31권3호
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• pp.69-89
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• 2021

General lawsuits can be chosen as a method of resolving patent disputes. However, a significant amount of time and money is wasted on litigation until the dispute is resolved. The Intellectual Property Framework Act in Korea requires the government to simplify litigation procedures and improve litigation systems to resolve intellectual property disputes quickly and fairly. As a result, accurate and timely resolution of patent disputes is given importance by the Korean government. Interest in arbitration as an alternative method of dispute resolution is growing. Although dispute resolution through arbitration is effective, the issue of resolving patent disputes through arbitration can lead to the arbitrability of patent disputes. It is therefore necessary to examine arbitrability of patent contracts and validity disputes. Korea has made efforts to reflect the model arbitration law of the United Nations Commission on International Trade Law for quick judicial resolution of patent disputes. Korea has also strengthened related systems for alternative resolutions. However, improving the arbitration system will necessitate a thorough examination of the systems and practices of the United States which is the country in the forefront of intellectual property. This paper examines the arbitrability of Korea's patent dispute and makes recommendations for more efficient dispute resolution system changes.