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한병완(Han, Byoung Wan) 한국무역상무학회 2013 貿易商務硏究 Vol.58 No.-
In this study, the scope of previous logistics security were focused only on port and ship. Because of it now extends to the overall (export and import) supply chain areas and in regards with supply security programs in the international level, it reviewed supply chain security programs categorized them into ‘ships and port security system’, ‘container screening system’, ‘logistics chain authorization system’ which are expanded to be adopted in the international level. The major features of those programs are summarized as in building risk management system, providing information ahead, selectivity test and benefits to AEO authorized companies in the customs administration level. The government and companies which are to ensure supply chain security and trade facilitation in order to cope actively with international customs administrative atmosphere need to do the followings : First, they need to build an intra-government integrated supply chain security and make efforts to conclude AEO MRA in order to increase trade competitiveness among major trading countries. Second, they need to build supply chain risk management system in order to enhance management performance through overseas market and company level strategy to obtain and maintain AEO authorization in the company level
한병완(Han Byoung-Wan) 한국관세학회 2004 관세학회지 Vol.5 No.3
Information technology accounts for more than one-third of the nation's economic growth and is the most rapidly expanding component of the our economy. Until now, however, there has been no law providing clear, consistent and uniform rules governing the intangibles of transactions involving computer information Under current law, there might be a valid and enforceable contract (license) or terms of a contract in one state but not another. The chaos in a national and international Internet is self-evident and wholly unacceptable. UCIT A covers the waterfront when it comes to different forms of transaction in computer information, including transfers (e.g., licenses, assignments, or sales of copies) of computer programs or multimedia products, software and multimedia development contracts, access contracts, and contracts to obtain information for use in a program, access contract, or multimedia product. UCIT A is predicated upon the principles. First, the paradigm transaction is a license of computer information, rather than a sale of goods. Second, innovation and competitiveness have come from small entrepreneurial companies as well as larger companies. Third, computer information transactions engage fundamental free speech issues. Fourth, a commercial law statute should support contract freedom and interpretation of agreements in light of the practical commercial context. Fifth, a substantive framework for Internet contracting is needed to facilitate commerce in computer information.
美國 統一컴퓨터情報去來法(UCITA)의 適用範圍에 관한 小考
한병완(Byoung-Wan Han) 한국무역상무학회 2003 貿易商務硏究 Vol.19 No.-
Uniform Computer Information Transactions Act (UCITA) for e-commerce in non-UCC and non-UETA transactions, promulgated in 1999. The Act Drafted by the National Conference of Commissioners on Uniform State Laws. UCITA applies to contracts to license or buy software, contracts to create computer programs, contracts for on-line access to databases and contracts to distribute information over the Internet. UCITA does not apply to goods such as television sets, stereo equipment, airplanes or traditional books and publications. Goods generally remain subject to UCC Article 2 or Article 2A. Many transactions may include more than computer information. If that transaction covers non-goods subject matter, UCITA applies only to the part of the transaction which is computer information and other law applies to the other subject matter. In the event the other subject matter is goods, UCC Article 2 or 2A applies to the goods subject matter and UCITA applies to the computer information part. UCITA is coordinated with existing Articles 2 and 2A, so coverage of each to part of the transaction will be facilitated. With respect to other subject matter (primarily services) UCC Articles 2 and 2A have worked in mixed transactions with the common law applicable to the services.
한병완(Byoung-Wan Han) 한국무역학회 2006 한국무역학회 세미나 및 토론회 Vol.2006 No.2
The Uniform Computer Information Transactions Act (UCITA) represents the first comprehensive uniform computer information licensing law. This act uses the accepted and familiar principles of contract law, setting the rules for creating electronic contracts and the use of electronic signatures for contract adoption-thereby making computer information transactions as well-grounded in the law as traditional transactions. Part 4 of UCITA adjusts commonly recognized warranties as appropriate for computer information transactions; for example, to recognize the international context in connection with protection against infringement and misappropriation, and Published information content is an important feature of the "information age". Digital systems and changes in our economy have made this information a focus of significant commercial activity. Courts have recognized that digital information deserves protection just like traditional newspapers and magazines. UCITA ensures that First Amendment concepts protecting distribution of such information are recognized in contract law. UCITA provides the following basic warranties which will be familiar to practitioners not found in common law but provided statutorily by UCITA: quiet enjoyment and non-infringement(§ 401), merchantability of a computer program(§ 403), information content(§ 404) and fitness for licensee's purpose and system integration(§ 405). It also clarifies what is an express warranty(§ 402). It sets forth the manner in which implied warranties may be disclaimed(§ 406). Implied warranties are not generally recognized and/or clear under common law. UCITA thus significantly extends warranties over those imposed under current law; for example,