• International Commerce and Information Review
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• v.14 no.3
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• pp.407-428
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• 2012

Service trade is very important in Korea Economy. The world economy is changing with the FTA. Lots of FTAs are going on between countries and economic blocs in the world economy, as the battle field of FTA. Therefore, Service trade should be activated in FTA. The conclusion of this study are as follow. First of all, the government quickly create a service-related laws. and establish the principles and criteria for recognition systems. Also, Exports should change developed countries. and the government should establish a policy for attracting investment to expand overseas markets in FTA. The field of service trade is very important for the growth of the Korea Trade. If we neglect to increase the competitiveness of service trade, we can not expect the growth of the Korea trade. We should strive to strengthen the competitiveness of service trade.

• International Commerce and Information Review
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• v.1 no.1
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• pp.67-86
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• 1999

As we increase installing computers, traditional commerce by paper document is replaced by Electronic Commerce, paperless document commerce. Electronic Commerce proves to be an intermediary for increasing efficiency on work, which makes us use it more. This study aims to contribute to streamline local export by analyzing trade firms and manufacturers' using status of Electronic Commerce on work in Pusan. I sent questionnaires to 202 firms working on trade in Pusan to do survey. The sample of this study consists of 96 of them. I analyze using status of Electronic Commerce on work based on those data. The result shows that the more the firms install facility to be able for Electronic Commerce and the better they understand Electronic Commerce related laws, the more they select that on work. Generally The firms in Pusan rarely select Electronic Commerce on work and even acknowledges how much that is needed on work. Considering all of them, this study shows the method of streamlining local export by Electronic Commerce as follows; First, all kinds of Electronic Commerce such as trade related site in Internet should be systemized. Second, the laws on Electronic Commerce should be established in details. Third, workers on firms should be educated on Electronic Commerce. Forth, the firms should install the facility for Electronic Commerce, assist financially and make marketing strategy for selecting Electronic Commerce on each step in work. In conclusion, export in Pusan would be streamlined when the use of Electronic Commerce, effective intermediary, is motivated and we take that method to use on work properly.

• The Journal of Information Technology
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• v.7 no.1
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• pp.23-41
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• 2004

It is estimated that electronic commerce facilitates international trade and lower transaction cost and help firms make the best of the opportunities of market access. The comprehensive programs had been implemented to provide better electronic commerce environments by international organizations such as OECD, UNCITRAL, APEC, ICC and etc. Especially, WTO plays the most important role to implement efficient forms and rules on electronic commerce after Doha Ministerial Conference. Member countries recognize the need to conduct the electronic commerce in compliance with the principles and rules of WTO. However, there are many issues to be solved such as the clarifications of concepts and definitions, the possibility of adaptation of technological neutrality in GATS, the imposition of taxation in electronic commerce transactions and the methods of protecting copying as well as trademark. The Implementation of concrete forms and rules of electronic commerce in the WTO will be influential to international trade as the member countries have to adapt them in their transactions. Considering that further discussion will be continued in GATS, we need to analyze the problems and strategies for electronic commerce. As there are not concrete international laws for e-commerce, the existing laws must be revised and changed and each country need to present the enactment direction of e-commerce law to streamline e-commerce and to prevent trading partners from conflicting due to legal problems.

• Korea Trade Review
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• v.42 no.1
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• pp.99-124
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• 2017

Korea's country-of-Origin-Labeling(CoOL) system has been implemented since july 1, 1991. There is a variety of regulations and standards about the country-of-Origin-Labeling system in South Korea including the customs duty laws and foreign trade laws. For this reason, parties interested may find it difficult to operate the CoOL system, and furthermore, failing to understand those regulations and standards clearly. Therefore, we conducted a survey among parties interested and consumer to assess their level of understanding of the CoOL systems. The result of our study showed that they do not have a clear understanding of the CoOL systems. Due to a lack of sufficient understanding of the system possibly leading to violations of Country-of- Origin labeling(CoOL) regulations and standards, it is essential to consider an innovative and practical solution to resolving this issue.

• The Korean Journal of Franchise Management
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• v.2 no.1
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• pp.119-133
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• 2011

The objective of this study is to establish the basic concepts for franchise agreements in consideration of both theoretical and practical conditions, to set the parameters for the discussion regarding the practical business matters pertaining to franchise agreements, and to analyze the criteria for determining the illegality of unfair trade practices based on research into actual practices in franchise transactions and on case studies of the implementation of laws by the Fair Trade Commission. The study aims to thereby contribute to the stabilization of laws in franchise transactions, benefiting all parties including franchise-related institutions, participants in franchise transactions, and related consumers. In conclusion, even in cases where regulatory exceptions are applied within the Fair Franchise Transactions Act when determining the illegality of franchised businesses, it is impossible to eliminate illegality unless all necessary and sufficient conditions have been included, and even if the procedure for evading illegality has been undertaken, illegality may not be eliminated unless the contents thereof are legitimate.

• Journal of Korea Trade
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• v.24 no.2
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• pp.1-14
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• 2020

Purpose - The purpose of this paper is to analyze the reformed duty of fair presentation provisions and related caselaw of the Insurance Act 2015 to gain a clearer understanding of the differences between the Act and the preceding legislation. Design/methodology - The authors analyzed caselaw from South Korea and China that involved breaches of the duty of disclosure. Cases highlighting differences between the duties of disclosure and fair presentation were selected. Findings - Changes in the practice of marine insurance laws are expected from the application of the reformed duty of presentation provisions. In particular, the rights of the insured are expected to increase, resulting in the fairer conduct of insurance contracts. Due to the fact that the Insurance Act 2015 has only recently taken effect, the provisions of existing caselaw have not yet been applied. This has limited the authors' scope of analysis. Originality/value - This paper describes the implications of the duty of fair presentation by analyzing caselaw from South Korea and China that involves the duty of disclosure. To the best of the authors' knowledge, this is the first paper that investigates the reformed duty of fair presentation provisions of the Insurance Act 2015 in the context of the legislation's implications for trade practices.

• International Area Studies Review
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• v.16 no.3
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• pp.269-291
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• 2012

Analyzing EU trade laws and institutional systems, the trade policy of EU has been founded, undoubtedly, on common interests for EU members. EU trade policy leaves room for 'Collective Protectionism' by permitting legal persona or interesting group to raise anti-dumping procedures. The anti-dumping policy of EU has shown a protectionism itself and has been affected by political motives. Investigation against anti-dumping can easily open and also there exists a wide range of political involvements. Furthermore, anti-dumping policy could be misused for protecting declining industries, which lost comparative advantage in global market. Economic theories show that anti-dumping measures divert import from outsider into insider members, which finally results in increasing intra-production of EU. This is exactly the reason why the anti-dumping policy has become attractive trade policy.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.61
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• pp.29-55
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• 2014

Subject matter of international trade are various. They contain not only tangible assets such as goods but also intangible assets including service, technology, and capital etc. Technology, a creation of the human intellect, is important as it is the main creative power to produce goods. It can be divided into Patent, Trademark, Know-how and so on. These Technologies are protected by the national and international laws on regulations for the Intellectual Property Rights(IPR), since technology development is needed a lot of time and effort, and the owner of the technology may have crucial benefits for creating and delivering better goods and services to users and customers. Therefore, any licensee who wants to use the technology which other person(licensor) owns, he(the licensee) and the original owner(the licensor) shall make Technology Transfer Contract. Differently from the International Sales Contract in which seller provides the proprietary rights of goods for buyer, in the case of International Transfer of Technology Contract, the licensor doesn't provide proprietary rights of technologies with the licensee, on the contrary the right of using is only allowed during the contract. The purpose of this paper is to examine the main issues in International Transfer of Technology Contract. This author focused on the main obligations of both parties, namely licensor's obligation to provide the technology and licensee's obligation to pay the royalty. As every country has different local mandatory laws about Intellectual Property Rights(IPR) and these mandatory rules and laws prevails over the contract, the related rules and laws should be examined carefully by both parties in advance. Especially the rules and laws about the competition limitation in the local country of licensee and the economic union(like the EU) should be checked before contracting. In addition, the contract has much more complicate and delicate aspects than other international business contracts, so both parties should review carefully before singing the contract.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.77
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• pp.23-42
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• 2018

This study compares the SGA and CISG to find out the difference of the criteria for calculating damages. and it intends to give some important points in trade practice. The damages is intended to compensate the victim for the breach of contract but there are differences between SGA and CISG as follow. First, the SGA and CISG have the same purpose of claiming damages. Both laws and regulations are subject to a full indemnification to compensate for the breach of the contract by the amount equivalent to the loss suffered by the victim. Second, in the general principle related to the calculation of damages, both law enforcement officials are required to be able to predict damages caused by breach of contract. In the case of SGA, however, a foreseeability test or remoteness of damages is required for the relationship between the contract violation and the loss. In other words, it can be said that the causal relation between the contract violation and the damage is strictly applied rather than the CISG. Finally, both laws and regulations of SGA and CISG have a big difference in criteria for calculating damages. In the CISG, after the contract is canceled, it is classified according to the existence of the alternative transaction and the damage amount is calculated based on the contract price. On the other hand, the SGA estimates the loss based on the market price at the delivery of the goods, reflecting the change in the market price instead of the contract price of the goods.

• Asia-Pacific Journal of Business
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• v.12 no.1
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• pp.165-182
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• 2021

Purpose - The purpose of this study is to compare and analyze the ordinances of other local governments to propose implications and improvement plans for the ordinances of Chuncheon City. To this end, cases of overseas legislation related to youth labor rights, domestic laws and major policies of the central government were reviewed. Design/methodology/approach - This study mainly utilized literature research methods. In addition, it was based on foreign laws and case analysis, domestic laws and ordinances, and preceding research and data related to government policies. Findings - Chuncheon city ordinances are superior to those of other local governments. However, the details of the establishment of the implementation plan, the actual condition survey, and the establishment of the consultation system are included in the project contents of Article 6, so it is not concrete and clear. And there were no articles related to the labor environment check. Research implications or Originality - It is proposed to make the contents of the establishment of an implementation plan, survey, and consultation system as independent provisions. It is also proposed to establish a new article related to the youth labor environment check. In addition, it is desirable to establish detailed regulations by establishing the ordinance enforcement regulations.