남북교역의 원산지문제에 관한 고찰

박광서(Park Kwang So) 한국무역상무학회 2004 貿易商務硏究 Vol.23 No.-

The inter-korean trade volume has increased since 1989 and it reached 724million dollars in 2003. In a quantitative respect, it has grown 38 times last year compare to in 1989 but there are several problems in a qualitatively respect. First, take-in(import) with disguised origin raise a serious problem in the korea market. Second, products with made in DPRK will have difficulties to export in overseas markets. Last, take-out(export) of some product is also difficult because of catch-all issues etc. The purpose of this paper is raise a question in argument about inter-korea trade issues and hope to be studied by many brilliant scholars. We also need to understand about inter-korea trade issues and our special conditions which are a divided country.

무역통계 및 실적 차이에 관한 諸문제

박광서(Kwang-So PARK),박연우(Youn-Woo PARK) 한국무역상무학회 2015 貿易商務硏究 Vol.67 No.-

The accurate national trade statistics can show the real nation's trade situation, and contribute to setting up the national's trade plans and corporate's strategies. This study researches the differences between trade statistics and actual trade record among the national and international statistics and suggests improvement plans to solve the problems. There are 4 types' differences among the trade statistics as follows; First, a statistical differences between Korea Customs Service and Bank of Korea by yearly US$9.6billions because of standard and boundary of trade statistics. Second, a statistical differences between Ministry of Trade, Industry and Energy and Korea Customs Service because of the time and purpose of trade statistics release. Third, a statistical differences between Korea and counterpart countries because of standard of trade statistics, intermediate countries and rules of origin. Lastly, a statistical differences between nation's statistics and corporate record because of typing errors and indirect export record. The fundamental improvement plans are Korea statistics rules like Korea Foreign Trade Rules and Korea Custom Rules, need to coincide with the international rules like IMTS, MSITS, BPM6 etc. Especially the rules of statistics related to intermediary trade, processing trade and transit trade have to revise with new BPM6 rules. In addition, a reasonable care of trade statistics from accumulation to utilization of trade information is more important than statistical regulation or system, so all persons concerned including exporters, importers, government official pay attention the statistics and cooperate together.

선화주 균형발전을 위한 해운법 및 독점규제법의 개정방향에 관한 연구

박광서(Park, Kwang So) 한국무역상무학회 2011 貿易商務硏究 Vol.49 No.-

Korea Shipping Act admits shipping conferences' joint actions like rate agreement, sailing agreement in some degree for development of shipping transport industries for decades. Meanwhile, EU has prohibited all kinds of shipping conferences' joint actions since October 2008, and many advanced countries also have similar position on shipping conference. The balance development between shippers and ship owners is very important in terms of national economic growth. So it is appropriate time to revise related laws such as Shipping Act and Monopoly Regulation and Fair Trade Act. First, It is direction for revision of Korean Shipping Act. The act has to define precisely the criteria of "unfairness" in case of admitting of shipping conferences' joint actions. Shipping conferences have a conference with shipper or shipper's delegation substantially on freight and transport conditions and so on. Second, It is direction for revision of Monopoly Regulation and Fair Trade Act. The fair trade commission has to perform fair roles between shippers and ship owners. The judgement of fairness has to confirm according to the spirit of not Korea Shipping Act but Korea Monopoly Regulation and Fair Trade Act itself.

우리나라 무역업계의 INCOTERMS 사용현황과 개정방향에 관한 고찰

박광서(Park, Kwang So),김재성(Kim, Jae Seong) 韓國貿易商務學會 2009 貿易商務硏究 Vol.43 No.-

INCOTERMS have been changed almost every 10 years since ICC established INCOTERMS as trade terms for International transaction. Recently transportation has become bigger, and modernized by means of electronic appliances such as RFID, IT, and containerization. FRC, FOR/FOT, FOA were added in INCOTERMS1980 and every conditions are unified into three alphabets in INCOTERMS1990. The best features of INCOTERMS2000 are that FCA substitute FRC, FOR/FOT, FOA and customs formalities were simplified to make clear for each party of contract. It seems that business circles still stick to old customs of their trade like FOB or CIF not only in Korea but in an international practice even though there have been several revisions of INCOTERMS until now. ICC have tried to provide INCOTERMS3000 to solve problems between a theory and an actual condition of international trade. This study has tried to suggest opinions against INCOTERMS3000 and has surveyed a recognition, an actual using situation and issues of INCOTERMS to get improvements. For a recognition of INCOTERMS has been spread as you can find at tables many kinds of business circles still stick to old customs of their trade terms FOB and CIF. Now there are two alternative plans. Firstly, we need to suggest improvements against inconsistency of INCOTERMS to be applied on newly revised INCOTERMS3000 and educating business circles to use proper conditions of INCOTERMS for their doing business. Secondly, we shall participate in revising INCOTERMS to activate multimodal transport conditions of INCOTERMS and provide solutions to fill gap between a theory and an actual condition of international trade. It seems that terms of multimodal transport such as FCA, CPT, or CIP can be a perfect condition for each party of contract. We have examined the inconsistent features of Ship's rail and notions of on board, and observed how to activate multimodal transport terms. These would be hot issues of next revision of INCOTERMS and we provided improvements on each trade terms, THC charges, or others against INCOTERMS.

대외무역법 원산지표시위반 관련 벌칙에 관한 연구

박광서(Park, Kwang So) 한국무역상무학회 2010 貿易商務硏究 Vol.47 No.-

The Korea Foreign Trade Act(KFTA) was revised the penal provisions of the breach of the Country of Origin Labeling(COOL) recently. The ceiling of penalties became to 5 years for imprisonment, one hundred or three hundred million won for fine. The level of penalties are adjudged quite fair but the amount of penalty should be increased according to the profits from the breach or the nature of crime in some cases. The problems of the penalties are differences between KFTA and other related laws. There are related several laws on the breach of the COOL such as KFTA, Unfair Trade related Law, Customs Law, Consumer Protection Law, Law of COOL on Agricultural and Marine products etc. The penal provisions of the breach of the COOL has more heavier level than other the breach because of the criminal qualities. The problems are the penalty differences between the KFTA and the Unfair Trade Law under the Ministry of Knowledge Economy. The KFTA's penal provisions need to equate with Unfair Trade Law as long as same breaches on the COOL. The government can also consider some policies to rigid enforcement of breaches on the COOL. There are the Country of Origin Tracking system, the RoO Paparazzi System, Make public the names of habitual RoO Violators, Correction Order of breach of the COOL etc.

국제무역환경 변화에 따른 대외무역법 원산지제도의 개선방안에 관한 연구

박광서(Park, Kwang So),이병문(Lee, Byung Mun),오원석(Oh, Won Suk) 한국무역상무학회 2009 貿易商務硏究 Vol.41 No.-

It is a right time to improve the Korea Foreign Trade Act(KFTA) as a fundamental law on Rules of Origin(RoO) in the global trade circumstances which are summarized FTA and WTO. The KFTA's RoO constitutes the labelling system of the Country of Origin, the criterion of it, the issuing of certificate of origin and the punishing offender mainly around the importing goods. This study has focused on the problems of KFTA's RoO at the macro and practical level, and proposed the programs to improve the KFTA's RoO about importing, exporting and domestic production goods. KFTA need to create a purpose clause to protect consumers and industries also, and has to be located a general and top position in the RoO of Korea. In the concrete, the labelling system of the Country of Origin has to set limited in the point of minimum necessity view. The criterion of the Country of Origin also has to improve the wholly obtained criterion, the changing in tariff classification criterion, value added criterion and processing operation criterion to harmonize WTO Rules of Origin and FTA Rules of Origin. The punishment ceiling against offender has to raise to guarantee the effectiveness of RoO.

IncotermsⓇ 2010의 주요 내용 및 실무상 문제점에 관한 연구

박광서(Kwang-so Park),이병문(Byung-mun Lee) 한국국제상학회 2011 國際商學 Vol.26 No.1

This article is concerned with the IncotermsⓇ 2010 rules which are the ICC rules for the domestic and international trade terms. The IncotermsⓇ 2010 is the latest updated version which becomes effective as from January 1, 2011. The update has been made in order to keep pace with the changes of international trade environment in various aspects; among other things, particularly, the continued spread of customs-free zone, the increased use of electronic communications in business transactions, heightened concern about security in the movement of goods and changes in transport practices. In addition, the IncotermsⓇ 2010 offers a simpler and clearer presentation of all the rules in order to prevent any mistake in one's appropriate incoterms choice and in interpretation of those rules. In view of the background for the updates of the IncotermsⓇ 2010, this study attempts to investigate what the main features of the IncotermsⓇ 2010 are and introduces the major revised rules. In addition to those, it brings one's attention to several points in the use of the rules and points out some problem of the IncotermsⓇ 2010 which should be taken into account both for the next revision of the IncotermsⓇ 2010.

불공정무역행위로서 원산지표시위반에 관한 연구

박광서(Kwang So Park),오원석(Won Suk Oh) 한국무역학회 2010 貿易學會誌 Vol.35 No.1

스탠드바이신용장의 활용증대 가능성에 관한 연구

박광서(Kwang-So Park) 한국무역학회 2005 貿易學會誌 Vol.30 No.2

국내 프랜차이즈사업의 갈등과 분쟁해결에 관한 연구

박광서(Kwang-So Park),남경두(Kyung-Doo Nam),김재민(Jae-Min Kim) 국제e-비즈니스학회 2012 e-비즈니스 연구 Vol.13 No.1