체제전환이후 사회주의 선행개방국가의 농지사유화 비교연구 - 헝가리 , 루마니아 , 구동독을 중심으로 -

홍성규,김경량 ( Sung Kyu Hong,Kyung Ryang Kim ) 한국농업경제학회 1997 農業經濟硏究 Vol.38 No.2

국제상사계약에 관한 UNIDROIT원칙에 있어서 이행곤란(Hardship)의 법리

홍성규(Hong, Sung Kyu),김용일(Kim, Yong Il) 한국무역상무학회 2013 貿易商務硏究 Vol.57 No.-

In the international sales contract, long-term contracts often face hardship in fulfilling the original contract terms by relevant parties due to rapid change and uncertainty of political and economic circumstance. In this case, party who faces hardship of fulfillment terminates contract or demands adaptation to contract condition but if opponent doesn't accept this, it proceeds to commercial dispute needing legal interpretation. Generally it is wise to set forth governing law in contract between parties in the case of international contract, for legal stability. One of universal governing law which relevant parties select by agreement to solve economical hardship of fulfillment is PICC. PICC defines the hardship in detail for renegotiation on following hardship of fulfillment unexpected. In the case of failing renegotiation, Court(arbitral tribunal) conducts termination to contract or adaptation to contract condition through arbitration or mediation. In conclusion, when signing international long-term contract, it is desirous to handle dispute effectively by inserting provisions which can deal with economical hardship in contract or defining PICC as governing law in the case of hardship incurred. It is because it is realistic to handle dispute smoothly to the extent that both parties can be satisfied in the case of hardship incurred, though international contract should be fulfilled.

축수산물의 무역기술장벽(TBT)에 관한 사례분석과 시사점

홍성규(Sung-Kyu Hong),황혜정(Hea-Jeung Whang) 한국무역연구원 2020 무역연구 Vol.16 No.1

Purpose- The purpose of this paper is to provide implications by analyzing cases of violations of the TBT agreement for livestock and fisheries products. Design/methodology/approach- The WTO dispute cases concerning the TBT Agreement for livestock and fishery products were unearthed inform the literature, and analyzed. the analysis standards accordingly were presented as implications. Findings- The U.S.-Tuna Products dispute II was sharply divided on individual issues as it progressed for exactly 10 years, and not only the interpretation of articles 2.1 and 2.2 of the TBT Agreement, but also the handling method of the PPMs Regulations, the definition of technical regulations, and the definition of international standards were issues and logical verdicts. The U.S.-COOL dispute is the only major dispute in the TBT agreement, and it is meaningful that Article 2.2 of the TBT Agreement has become a major issue until the last minute, especially over the implementation verification process, though the standard for the interpretation on the application of Article 2.2 has been clarified. In the EC-Seal Products dispute, it is meaningful that trade regulations on animal welfare, which are based on the protection of public morals, have considered the effect on international trade. Research implications or Originality- Through the three dispute cases analyzed in this paper, the analytical basis and implications of each violation of the TBT Agreement are provided. In other words, the technical provisions of the TBT Agreement specifically presented whether they achieve a legitimate objective, the scope of the test of necessity, and the scope of recognition of PPMs.

신세포암 분자표지자의 현주소와 미래의 방향

홍성규(Sung Kyu Hong) 대한비뇨기종양학회 2008 대한비뇨기종양학회지 Vol.6 No.2

韓國에 있어서 自由港制度의 導入과 役割

홍성규(Hong Sung-Kyu) 한국항만경제학회 1998 韓國港灣經濟學會誌 Vol.14 No.-

These days port cities throughout the world in the developing country as well as in the developed country are considering actively to develop ports and to set up free ports on the basis of the principle of market competition, which is expected to be able to contribute to the advancement of the international competitive power.<br/> The reason to set up free ports is that it can promote the international trade and increase the amount of the transacted goods of the cities. It, therefore, can bring the various extending effect such as employment increase, foreign-exchange earning rate rise, development of the region, and activation of shipping industry and finance business through the increase of the amount of the transit trade and intermediate trade (entrepot trade).<br/> Thus to develop the ports of our country as the international free ports enough to be a bridgehead in the Pacific-rim region will not only act up to the international trend aiming at free trade but also be a help to making the trade basis of our country firm and to rehabilitating domestic business deteriorated by the IMF system.

무역과 환경에 관한 국경조치의 주요 논점

홍성규(Sung Kyu HONG),김용일(Yong Il KIM) 한국무역상무학회 2017 貿易商務硏究 Vol.74 No.-

Environment protectionis one of the important political goals alongwithtrade liberalization. Some of the institutions associatedwithit, however, either hinder trade or exert distorted influence and can arouse trade conflicts eventually. Therefore, harmony between environment protection and trade policy is becoming a crucial issue nowadays. Among the policies for environment, those related to climatic change are regarded asmajor tasks to deal with in theworld commonly. Saying that it is for environment protection, advanced countries impose fines for environment protection on developing countries through border tax adjustments about the items imported from them. However, there is no such agreement about it internationally, so disputes often arise regarding what extent is appropriate as countries cope with it differently in their own way. Disputes about measures for climatic change are highly influential economically, and due to the severe conflicts of interests between states, they often tend to become politicized. Accordingly,we can say that suchdisputes affect international trade basedontheWTOsystemseriously. When it comes to negotiation for climatic change, we should establish international systems urgentlywhich canwork fairly and effectively for all the countries joining in it. Therefore, it is important to examine the treatment of trade restriction measures intended to solve climatic change in international negotiations and establish definite conditions about which measures are allowed and which are not. Inconclusion,we shoulddevise rules for environment protectioninternationally which all the countries in the world can accept and agree on and alsomake the definite criteriaof interpretationaswell.Also, throughthose traderegulations,we shouldbeabletoaccomplishenvironment protectiongloballyandat the sametime produce synergy, that is, economic growth through trading.

WTO체제 무역기술장벽(TBT)에 대한 실무적 대응방안

홍성규 ( Sung-kyu Hong ) 한국통상정보학회 2019 통상정보연구 Vol.21 No.1

WTO체제의 안정적인 정착과 FTA의 확대로 가시적인 관세장벽은 철폐되거나 점진적으로 낮아지고 있으나, 미국, EU 등 선진국을 비롯한 개발도상국들의 위장되거나 숨겨진 보호무역주의에 따른 비관세장벽(NTB)은 계속 급증하고 있다. 그동안 무역기술장벽(TBT)은 각국의 국내문제로 인식하여 왔으며, GATT/WTO에서는 크게 논의되지 않았으나, 최근에는 비관세장벽으로서의 역할이 증가함에 따라 이를 규율하기 위한 논의가 활발하게 진행되고 있다. WTO협정에 포함된 TBT협정은 기술규정, 표준, 적합성평가절차로 구성되어 있으며, 각국의 기술규제에 대하여 일정한 가이드라인을 제공하고 있다. 따라서 본 논문에서는 TBT협정의 특성과 내용을 이론적으로 분석한 후, 국내업계가 외국정부의 무역제한적인 조치에 직면한 경우 TBT협정을 어떻게 활용하여야 하는지를 실무적으로 설명하고, 또한 정부와 공조하여 TBT협정을 효과적으로 활용하는 방법을 모색하였다. 결론적으로 TBT에 관한 연구는 우리나라 기업의 수출증대와 해외시장 개척에 크게 일조할 것이며, 국제표준화에 부합하는 국내표준화정책을 추진하도록 함으로써 수출상대국의 기준·인증제도 등 보호무역주의적인 TBT를 극복하는 방안이 될 것이다. With the stable settlement of the WTO system and the extension of the FTA, visible tariff barriers have been either abolished or lowered gradually; however, Non-Tariff Barriers(NTB) have been increasing rapidly and continuously according to the disguised or hidden protectionism of developing countries as well as advanced countries including the US and EU. Previously, Technical Barriers to Trade(TBT) were regarded as domestic matters in each country and hardly discussed by the GATT/WTO; however, as their roles of NTB are increasing lately, they are disusing actively to regulate them. TBT Agreement included in WTO agreements consists of technical regulations, standards, and conformity assessments, and a fixed guideline is provided for technical control in different countries. Accordingly, this researcher here has analyzed the characteristics and contents of TBT Agreement theoretically and then explained how domestic industry should utilize TBT Agreement practically when any facing foreign government’s restrictive trade measures and sought ways to use TBT Agreement effectively through cooperation with the government. In conclusion, it is expected that research on TBT will contribute significantly to the increase of exportation of Korean companies as well as the exploitation of overseas markets. It will also allow us to promote domestic standardization policy conforming to international standardization; therefore, we will be able to overcome the protectionist TBT of our partners in exportation such as their criteria and certificate systems.

무역기술장벽(TBT)으로서 미국의 표준화제도가 국제무역정책에 미치는 영향

홍성규(Sung-Kyu Hong) 한국국제상학회 2021 國際商學 Vol.36 No.4

본 논문에서는 무역기술장벽(Technical Barriers to Trade: TBT)으로서 미국의 표준화정책에 관하여 정책적 관점에서 국제무역정책에 미친 영향을 분석하여 시사점을 제시하고자 한다. 대부분의 개발도상국들은 자국의 표준을 국제표준에 부합되도록 노력하고 있으나, 미국 등 선진국들은 자국의 표준을 국제표준으로 설정함으로써 자국의 산업경쟁력을 강화시키고 동시에 세계무역질서를 선도해 나가고 있다. 미국은 새롭게 체결하는 FTA를 통하여 WTO TBT협정상의 권리와 의무를 기본으로 적용하면서 FTA상대국에 적용될 규범과 절차를 보다 구체화하고 명료화하여 실효성을 높이는 전략을 추구하고 있다. 이와 같이 미국이 FTA 등의 경제협정을 통하여 미국의 표준화전략을 확대적용해 나감으로써 산업계를 선도하고 국제적 우위를 차지하겠다는 TBT+전략은 결국 경제소국 및 개발도상국들에게는 미국의 표준화전략을 수용하면서 자국의 이익을 극대화하기 위한 노력을 배가시키고 있다. 우리나라는 표준화 제도의 종합적인 개혁을 추진할 때 미국의 표준화체계와 전략의 경험을 살려 최대한의 벤치마킹은 하되 단점은 피해야 한다. 또한 새로운 FTA나 Mega FTA를 체결할 때에는 처음부터 TBT제정에 참여하여야 하며, 표준화가 기업의 국제경쟁력을 강화시키는 도구라는 인식을 갖고 표준화 개발을 위해 노력하여야 한다. Purpose : In this paper, as a Technical Barriers to Trade(TBT), the characteristics and implications of the US standardization policy are presented by analyzing the impact of the US standardization policy on international trade policy from a policy perspective. Research design, data, methodology : This paper conducted a literature study on the historical impact of the US standardization system on the development process and trade policy. Results : The TBT+ strategy to lead the industry and gain an international advantage by expanding the U.S. standardization strategy through economic agreements such as FTAs doubles efforts to maximize its interests by accepting the U.S. standardization strategy for small and developing economies. Conclusions : When promoting comprehensive reform of the standardization system, Korea should benchmark as much as possible by utilizing the experience of the standardization system and strategy in the United States, but avoid disadvantages. In addition, when signing a new FTA or Mega FTA, you must participate in the enactment of TBT from the beginning, and strive to develop standardization with the perception that standardization is a tool to strengthen the international competitiveness of companies.

국제물품매매계약에서 위험이전에 관한 법리

홍성규(Hong Sung Kyu) 한국무역상무학회 2014 貿易商務硏究 Vol.64 No.-

The purpose of this paper is to examine thoroughly on passing of risk in contracts for the international sale of goods. Articles 66∼70 of the CISG contain provisions on passing of risk. Article 66 states the main effect of passing risk to the buyer. Article 67∼69 determine the decisive point in time which the risk passes from the seller to the buyer and article 70 attempts to explain the relation between passing of risk and fundamental breach of contract by the seller. As in the case corresponding Incoterms rules, the main issue to be resolved is which party should bear the economic consequences in the event that the goods are accidentally lost, damages or destroyed. Many cases also apply CISG articles 66∼70 to contracts in which parties not agree on the use of trade terms such as CIF, CFR, FOB and FCA in Incoterms 2010 Rule that provide for when the risk passes. In order to minimize disputes that may arise under contract, when drawing up a contracts for the international sale of goods, the specifics of agreement should be clearly stipulated. Consequently, the parties of contracts for the international sale of goods should take adequate measures, and it is required to prepare the contracts clearly as the specific terms to prevent and resolve contractual disputes on passing of risk.

투자자-국가간 분쟁해결제도의 문제점과 대응방안

홍성규(Sung Kyu HONG) 한국무역상무학회 2015 貿易商務硏究 Vol.68 No.-

Investor-State Dispute Settlement(ISDS) grants a foreign investor the right to access an international arbitrator, if he believes actions taken by a host government are in breach of commitments made in an investment agreement or an investment treaty. The arbitration procedure of ICSID is made specifically to resolve investment disputes, so most of investment disputes have been settled in accordance with the procedure. Owing to limitation of dispute settlements through the ICSID arbitration procedure, several investment dispute conciliation schemes have been emerged as alternatives. In the case of a conciliation, the conciliation procedure will be in progress based on arbitrary agreement between parties, and if both parties agree on a conciliation program, then the arbitrary execution rate is relatively higher than that of arbitration procedures. In addition, it is evaluated that the time duration of conducting a conciliation procedure is in general rather short in 8 to 24 months, and its incumbent cost is also rather inexpensive. Most of all, through amicable settlement of a dispute between a foreign investor and a host state, the foreign investor may continue his investment activities without a hitch, while the host state may invite more investment without any risk of losing its external credibility. In conclusion, it is desirable to lead any investment dispute between a foreign investor and a host state settle in accordance with the dispute settlement procedure as specified in the relevant investment agreement. In addition, to make the foreign investor continue his investment activities, it will be necessary to provide a separate investment dispute conciliation system aside from such arbitration procedures to cope any unexpected incident flexibly.