• Title/Summary/Keyword: domestic law

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A Study on Payments of Royalty & License Fee and Customs Valuation (권리사용료의 지급과 관세평가에 관한 연구)

  • LEE, Byung-Lak;RHEEM, Sung-Sue
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.673-698
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    • 2016
  • This study tries to conduct a systematic analysis on whether adding up the royalties and license fees or not in measuring the taxable amount of tariff. We have confirmed that three main criteria to decide whether it is yes or not are non-inclusion, relatedness and condition of sale. We also have realized that whether satisfying a condition of sale or not depends on license agreement, sales contract, special relationship and so on. Furthermore, we have made case studies of bonded factory, film's domestic distribution, exempt royalty and license fee, price for exclusive use of relevant technology, retroactive application of price change and strict interpretation. Based on the case studies we have derived the following conclusions: First, the royalties and license fees only actually paid to the licensors may be added to taxable amount. Second, the royalties and license fees incurred after the imported goods are made into domestic goods may not be added up. Third, the royalties and license fees paid as a price for use may not be added up. Fourth, the analogical interpretation of relevant codes is not accepted.

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An Empirical Study on the Determinants of e-Trust - Focused on the Domestic Trade Portal Site - (e-신뢰(e-Trust)의 결정요인에 관한 연구 -국내 무역포털사이트를 중심으로-)

  • Song, Sun-Yok
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.41
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    • pp.205-234
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    • 2009
  • The trade portal site is one of the innovative skills which makes it possible for trade companies to manage international trade activities more efficiently by using the newest information technology. Especially, trade portal site can be considerable help to small and medium-sized enterprises which have much difficulties in finding overseas buyers due to the lack of international marketing capabilities. This study attempts to present a comprehensive model about the determinants of e-Trust in domestic trade portal site and to suggest practical strategies for e-Trade. Therefore, a theoretical framework was presented by the literature review, and a empirical study was carried out through a questionnaire survey to those who have had experiences of visiting trade portal site. The empirical analysis had the following results. First, it reveals that reputation, web-site quality, transaction efficiency of the trade portal site have influence upon e-Trust dimension. On the other hand, perceived risk did not have significant relationship with e-Trust. Second, e-Trust had significant impact on willingness to depend on the trade portal site. And also, e-Trust had positive influence on performance of using which is measured by sales increase, information sharing, and synergy effect.

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Analysis of the Effect of Exchange Rate Volatility on Export & Import Container Volumes in Korea (환율변동성이 우리나라 컨테이너 수출입 물동량에 미치는 영향 분석)

  • AHN, Kyung-Ae
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.75
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    • pp.95-116
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    • 2017
  • The global financial crisis has slowed overall growth in the global economy. In addition, uncertainty is increasing in the world economy due to the Trade protectionism, sluggish world trade, and a rise in the rate of interest caused by expansion of fiscal spending by major countries. In this study, we analyzed various factors affecting the container import and export volume, which has a high correlation with export and import of commodities in international trade. In particular, we will examine how exchange rate fluctuations and domestic and overseas economic conditions affect container imports and exports. For the empirical analysis, monthly time series data were used from January 2000 to January 2017. We use the Error Correction Model (VECM) for the empirical analysis and the GARCH model for the exchange rate fluctuation. As a result, container export and import volume had a negative relationship with exchange rate and exchange rate volatility, which had a positive effect on domestic and international economic conditions. However, the effects are different before and after the financial crisis.

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Legal Issues Relating to Construction of the Dokdo Ocean Research Station (독도해양과학기지 건설 관련 법적 쟁점에 관한 고찰)

  • Lee, Yong-Hee
    • Ocean and Polar Research
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    • v.32 no.4
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    • pp.427-437
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    • 2010
  • The Korean Government is trying to construct an ocean research station in Dokdo's water. The station would be the third ocean research station following the Ieodo station and the Gageocho station. Although the new station would served as a scientific research base for peaceful and academic purposes, the construction of the station will almost certainly lead to a diplomatic dispute between Japan and Korea in the near future due to the disputed ownership of the island. In light of the diplomatic protests against the construction of the Ieodo station by the Chinese Government, various domestic and international legal issues which could be raised regarding the construction of the Dokdo station need to be reviewed. Therefore, this article reviews the international legal status of the station and the rights and duties pertaining to its construction, investigates the domestic legal grounds relating to the construction and operation of the marine scientific installation, evaluates the international legal impacts of the construction on the expansion of maritime jurisdiction, the effective control on Dokdo and the negotiations on maritime boundary delimitation, and finally draws conclusions on the future activities of the Korean Government for the construction and operation of the Dokdo Ocean Research Station.

A Study on the Strategic Practical Use Plan of Trade Show (무역전시회의 전략적 활용방안에 관한 연구)

  • LIM, Cheon-Hyeok;PARK, Nam-Kyu
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.241-261
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    • 2015
  • About trade show strategic practical use plan, sought practical use plan hereafter with problem in 5 side. First, need that supply reliable and objective information about exhibition utilizing active public relations of domestic trade show certification system and international certification system. Second, I need to reinforce budget support estimation to expand governmental budget support and strengthen professionalism of exhibition operation. Third, need to seek globalization strategy of exhibition industry concretely to overcome realistic limit of domestic exhibition industry. Institutional improvement for long-term public information of exhibition and participation company's satisfaction raising and infra for gallery's management result should be established. Fourth, need excavation of various first-hand field marketing that can dig various interaction method with customers and invite new customers by booth exhibition. Fifth, need professional worker positivity, deflation that fulfill knowledge that is adapted, and precedes in environment worldwide exhibition industry training actively universal exhibition industry professional worker. Foreign exhibition is an one of marketing tactics that is generalized that can approach to oversea market in less expense relatively. To measure exactly fact and participation result of exhibition that select suitable exhibition in one's own company's marketing goal in company's standpoint that participate in exhibition according as exhibition number is increased and function of exhibition is diversified became difficult.

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A study of the Domestic Trend in the law and institutions of International Standard Disaster Management -Focusing on ISO/TC 292- (재난관리 관련 국제표준별 국내 법·제도 동향 -ISO/TC 292 중심으로-)

  • Yun, Junyoung;Min, Geumyoung;Jung, Dukhoon
    • Journal of the Society of Disaster Information
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    • v.11 no.2
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    • pp.287-296
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    • 2015
  • In this study, international standards in disaster management and the management of the relevant International Standards Organizations(ISO), in particular ISO / TC 292 (Security- Safety) research subcommittee to look at international standards of relevant international standards for disaster management trends, each international domestic law related to the standard were researched. National Disaster Management Authority as a Ministry of Public Safety and Security (formerly the National Emergency Management Agency) has continued to prepare a plan for applying national disaster management relevant to the international standards. As the disaster management international standard continues to be established, disaster management agencies need to continue to keep pace with the international community to find ways to introduce international standards.

Direction to Develop Domestic Technology for Waterproofing and Root Penetration Resistance in Comparative Study of Overseas Technology on Green Roof System (국내외 옥상녹화 기술현황분석을 통한 국내 방수.방근기술의 개선방향연구)

  • Kwon, Shi-Won;Bae, Kee-Sun;Oh, Sang-Keun
    • Proceedings of the Korean Institute of Building Construction Conference
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    • 2007.04a
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    • pp.13-17
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    • 2007
  • The green roof industry have been developed with Europe, North America, Japan. At the same time, being recognized the important of green roofs in domestic industry and we just start to develop the relative technology as analyzing the future direction of advanced technology. Recently, local self-government including Seoul support the system for green roof which provide 50% of working expenses form of Matching Fund by Seed Money. As years go by, the number of build up the green roof has gradually increased to be proved. At this result caused by management of system in government, unstructured construction system, low development of support technology. In this study as analyzing the present of technical development, supporting by law and system for the advanced waterproofing and root penetration resistance technology, we suggest the development direction of it to be compared with application advanced technology and we could strengthen the international competitiveness to be industrialized the green roof considering system, technology, human infrastructure.

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Comparison of Impact Simulation Result for Rolling Stock Vehicle Coupler System (철도차량 연결기용 완충장치에 대한 충돌해석 결과 비교)

  • Jang, Hyeon-Mog;Kim, Ki-Nam;Park, Young-Il
    • Journal of the Korean Society for Railway
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    • v.13 no.3
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    • pp.251-256
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    • 2010
  • By legislating safety regulations for design, manufacturing and operation of rolling stock through rolling stock safety law, diverse of safety requirements have been established. On the other hands, differences of technical level in practical circumstances between domestic and overseas are pointed out that not be able to be overcome in short period. About collision safety requirements for rolling stock, European countries have been applying TSI requirement to all of rolling stock and domestic collision safety requirements in rolling stock safety law are based on TSI. In following thesis, it is showing an analysis simulation for current rubber cushion and hydraulic buffer system to verify if they are fit to collision safety requirements and result of the simulation program for prior verification. This also suggests a method to prove the performances of coupler system for future.

A Study on the Law of One Price in Major Domestic Fishery Product Markets in South Korea: Evidence from Frozen Squid, Frozen Hair tailand Dried Anchovy (주요 수산물의 국내 소비시장에서의 일물일가법칙의 성립여부 : 냉동오징어, 냉동갈치, 건멸치를 중심으로)

  • Lim, Eun-Son;Kim, Ki-Soo
    • The Journal of Fisheries Business Administration
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    • v.48 no.1
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    • pp.51-71
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    • 2017
  • We explore each of the three major domestic fishery product markets in South Korea- Frozen Squid, Frozen Hair tail and Dried Anchovy- to assess whether we can find evidence for Law of One Price (LOP) across the five major cities- Seoul, Dae-Jeon, Dae-Gu, Gwang-Ju and Busan. To achieve our aim, we utilize two different types of unit root tests: Augmented Dickey-Fuller (ADF) and Kwiatkowski-Phillips-Schmidt-Shin (KPSS) unit root test. In each of the three fishery product markets, we find evidence in support of LOP among several cities, which confirms that these markets are integrated to a certain extent. In particular, we find stronger evidence of LOP for Dried Anchovy market relative to the other two fishery product markets. Based on our findings, we argue that the Dried Anchovy market exhibits a greater degree of market integration across the five major cities in South Korea compared to the other two fishery product markets. The greater degree of market integration in the Dry Anchovy market is facilitated by its higher substitutability across cities; taken together these findings show that the market for Dried Anchovy in South Korea is more efficient than the markets for Frozen Squid and Frozen Hair tail.

Analysis, Recognition and Enforcement Procedures of Foreign Arbitral Awards in the United States

  • Chang, Byung Youn;Welch, David L.;Kim, Yong Kil
    • Journal of Arbitration Studies
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    • v.27 no.3
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    • pp.53-76
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    • 2017
  • Korean businesses, and their legal representatives, have observed the improvements of enforcement of commercial judgments through arbitration over traditional collections litigation in U.S. Courts-due to quicker proceedings, exceptional cost savings and more predictable outcomes-in attaching assets within U.S. jurisdictions. But how are the 2016 interim measures implemented by the Arbitration Act of Korea utilized to avoid jurisdictional and procedure pitfalls of enforcement proceedings in the Federal Courts of the United States? Authors examine the necessary prerequisites of the U.S. Federal Arbitration Act as adopted through the New York Convention, to which Korea and the U.S. are signatories, as distinguished from the Panama Convention. Five common U.S. arbitration institutions address U.S. "domestic" disputes, preempting U.S. state law arbitrations, while this article focuses on U.S. enforcement of "international" arbitration awards. Seeking U.S. recognition and enforcement of Korean arbitral awards necessitates avoiding common defenses involving due process, public policy or documentary formality challenges. Provisional and conservatory injunctive relief measures are explored. A variety of U.S. cases involving Korean litigants are examined to illustrate the legal challenges involving non?domestic arbitral awards, foreign arbitral awards and injunctive relief. Suggestions aimed toward further research are focused on typical Korean business needs such as motions to confirm foreign arbitration awards, enforce such awards or motions to compel arbitration.