국제 비즈니스의 친윤리 시스템에 관한 연구

박명섭(Pak Myongsop),박우진(Park Woojin),최병권(Choi ByoungKwon) 한국해양비즈니스학회 2005 해양비즈니스 Vol.- No.5

  In recent years, many companies in Korea are competitively implementing the business ethics as their business practices. However, the promotion of ethical business practices by Korean companies seems to be low geared. Looking outside Korea, the mandatory implementation of the general policies of business ethics is becoming more common due to the increase of the demand for practicing business ethics by non-governmental organizations such as Caux Round Table and TI and the regulations of OECD or FCPA of the US. It is obvious that immoral corporations will be restricted by Ethic Round from international trades.   On the same token, this essay has examined business ethics and the social trend of anti-corruption. Especially the international trend of external pro-ethics programs and the substantial level of regulations have been thoroughly considered. These are new to the corporations in Korea although they have already become a common sense to the advanced, western corporations. Furthermore, in this essay I have introduced Caux Round Table Principles, EU Ecolabel, and SA 8000 Standard, and appended recent research results such as Corruption Perceptions Index and Bribe Payers Index conducted by TI.   The purpose of this essay is to get a new understanding of the relatively tepid interest in business ethics in Korea.

남북한간의 효율적인 해상운송체계 및 제도보완

박명섭(Pak MyongSop),박광서(Park KwangSeo),김병조(Kim ByungJo) 한국해양비즈니스학회 2004 해양비즈니스 Vol.- No.4

The cooperation between South and North Korea is composed of the movement of manpower and capital including cargo. The major modal of transport in the cooperation, so far, seems to be transport by sea rather than by air and land. The South and North Shipping Agreement, which was made on 28th May 2004, prescribes South and North Korea"s sea lane as national inland lane and opening of seven ports to each side. The paper deals with ship operation and major ports of South and North Korea. It also introduces the activitization measures for South and North Korea"s shipping. It reviews legal and institutional problems to be tackled and fund raising for improvement of North Korea"s shipping infrastructure.

유비쿼터스 환경에서의 해양수산물 유통 가치사슬 혁신 및 전자상거래 시스템 구축에 관한 연구

박명섭(MyongSop Pak),김종욱(Jonguk Kim),이원준(Won Jun Lee),박상철(Sang Cheol Park) 한국IT서비스학회 2006 한국IT서비스학회지 Vol.5 No.2

  In general, the distribution structure of marine products is very vulnerable to the uncertainties in the process from the production to the sale, and a lot of difficulty is thus inevitable in the supply control. Such a distribution structure is a very critical issue in securing the suability of marine products through systematic quality and hygiene control of marine products, and it is thus time to discuss the method to innovate and restructuring the distribution structure of marine products.<BR>  From this point of view, this study approached the flow from production to consumption in view of SCM(supply chain management) beyond the partial discussion conducted so far for the distribution structure in the field of marine products. Further, this study suggested the establishment of electronic commerce systems with a traceability system built in RFID for marine products as an alternative of redesigning distribution infrastructure in the ubiquitous environment. From the results, we assured that such an electronic commerce system would be a new measure to improve the structure currently causing inefficiency and excessive distribution cost for the distribution structure of marine products.

U.S. Trade Policy in Transition

PAK IN SOP(박인섭),MyongSop Pak(박명섭) 법무부 국제법무정책과 2006 통상법률 Vol.- No.69

Since the early 1980s the U.S. has been suffering large and chronic trade and current account deficits. These have been caused by large U.S. budget deficits, increased industrial competition from many countries. The World debt crisis of the 1980s had a big impact on U.S. trade bargaining strategy, the Uruguay RoundGATT outcomes. The U.S. trade policy has adjusted to new conditions to capture the full gains from the developments with the rapid evolution of global trading relationships. In this paper we examine the adjustment environment in the U.S. as set out by the U.S. trade remedy laws (countervailing duties for subsidies, anti-dumping duties, Section 201 safeguard relief, Section 301 remedies, and balance of payments relief) under GATT/WTO. How has the U.S. responded to opportunities and challenges associated with the change of global trade relations? Specifically, what options for improved U.S. trade balance operated under the GATT 1947? How does the GATT 1994 and the WTO alter this situation and the scope for U.S. trade remedies? This paper begins with an analysis of the economic situation of the U.S. with respect to foreign trade. Then, it examines how U.S. trade policy could accomplish in response to changes in global market condition by the means provided by GATT 1994, or by the measures provided by GATT 1947, if there would be any need for a change. Based on the review, we will provide prospects of the U.S. trade policy for the future and the implications for global trade relationships.

미국-브라질 WTO 면화보조금 분쟁에 관한 사례연구

성영화,박명섭(MyongSop Pak) 법무부 국제법무정책과 2010 통상법률 Vol.- No.92

In late 2002, Brazil initiated a World Trade Organization (WTO) dispute settlement case (DS267) against certain aspects of the U.S. cotton program. On September 8, 2004, a WTO dispute settlement panel ruled against the United States on several key issues in case DS267. The ruling was upheld on appeal to the WTO’s Appellate Body on March 3, 2005. Key findings included (1) U.S. domestic cotton subsidies do not afford to be protected by the “Peace Clause”; (2) the two major types of direct payments made under U.S. farm programs do not qualify for WTO exemptions from reduction commitments as fully decoupled income support; (3) Step 2 program payments are prohibited subsidies; (4) U.S. export credit guarantees are effectively export subsidies; and (5) U.S. domestic support measures that are “contingent on market prices” have resulted in excess cotton production and exports that caused low international prices and resulted in “serious prejudice” to Brazil. In response to the WTO ruling, the United States has made several changes to its cotton support programs. However, in August 2006, Brazil requested a WTO compliance panel to review whether the United States had fully complied. In December 2007, a compliance panel ruled that the United States had not fully complied with earlier WTO recommendations. The compliance panel ruling was upheld on appeal in June 2008. On March 3, 2009, at a meeting of the World Trade Organization’s (WTO’s) Dispute Settlement Body (DSB) in Geneva, Brazil claimed the right to impose $2.5 billion in retaliatory sanctions against the United States in its long-running case against certain U.S. cotton subsidies. As part of its prohibited subsidy countermeasure, Brazil is seeking “cross-retaliation” rights that would permit retaliation in sectors other than just the goods sector such as intellectual property rights and trade in services. The United States has expressed strong disagreement both with the amount of countermeasure requested and with any right of “cross-retaliation.” Eventually Brazil and U.S. requested a resumption of the arbitration proceedings to review its proposed retaliatory countermeasures. On August 31, 2009, an arbitration panel ruled that Brazil can retaliate $294.7 million for the fiscal year 2006 (will change from year to year) against U.S. trade-distorting practices involving cotton subsidies. An arbitration ruling in favor of both Brazil’s retaliation amounts and the requested “cross-retaliation” feature could raise the stakes in this particular dispute by expanding retaliation into TRIPS and GATS. But the panel did not specifically reclassify U.S. PFC and DP payments as “amber box,” nor did the panel recommend that the United States should notify such future payments as “amber box.” This is a subtle but critical distinction because of the enormity of PFC and DP payments. The specific finding on the apparent failure of U.S. “decoupled” payments to meet WTO green box criteria leaves such programs open to future charges, and that third countries may feel emboldened by knowing how a WTO panel is likely to rule on such matters. Actually in 2007, Canada and Brazil initiated separate but similar WTO cases against certain U.S. farm programs that has exceeded the subsidy spending limit, and that the U.S. operates its agricultural export credit guarantee program in such a manner as to provide prohibited subsidies. The European Union (EU) is also likely to be concerned about this finding since the EU’s agricultural program relies heavily on “decoupled” payments similar to the those of the U.S. program. The U.S. response to the WTO cotton ruling is being watched closely by developing countries, particularly by a consortium of four African cotton-producing countries that has submitted its own proposal to the WTO calling for a global agreement to end all production-related support for cotton growers of all WTO member countries. This is rare case that takes the almost full tracks of WTO dispute settle

新國際漁業秩序에 따른 우리나라 水産業法에 관한 硏究

박정기(朴正基),박명섭(MyongSop Pak) 법무부 국제법무정책과 2003 통상법률 Vol.- No.53

Korean fisheries industry has played a leading role as export-led industry in 1960~1980. However, after the mid 1980s, the production situation of Korean fisheries industry has been deteriorated due to marine pollution and environmental degradation. The external environment of fisheries industry has also been changed by the effectuation of UNCLOS, UR negotiation, liberalization of seafood market, early voluntary liberalization of seafood in APEC, Korea-Japan Fisheries Negotiation and Korea-China Fisheries Negotiation. In the meantime, Korean fisheries related institutions have copied and imitated Japanese system from the start. Therefore, Korean fisheries institutions have bred many problems from their introduction, which have not been matched to fisheries environment and socio-economic situation. Under this circumstances, Korean fisheries industry needs institutional reform. Korean goverment made efforts in revision and establishment of various fisheries laws and regulations. Korean fisheries laws, however, have become very sophiscated and complicated, because they were made without thorough research. Owing to unsystematic fisheries laws, Korean fisheries industry could not respond to new international fisheries order. Systematic and complete improvement works are needed in fisheries laws to repond to new international fisheries order and to develop fisheries industry. This paper aims to review the fisheries laws of Korea considering the above factors and to introduce their improving methods. Chapter 1 states the objective and scope of this research. Chapter 2 examines NIFO (New International Fisheries Order), changing international situations of fisheries industry including UNCLOS, WTO, international fisheries negotiations, responsible fishery of FAO, agreement for fish protection in the high seas in 1995, and discussion about safety of seafood. Chapter 3 tackles fishery policy and laws considering new international fisheries order. Chapter 4 points out the problems of Korean fisheries laws and proposes the methods for improvement. Finally, chapeter 5 draws conclusions. The paper emphasizes on the establishment of Fisheries Basic Law, which could drive fisheries policy comprehensively and systematically. Fisheries Basic Law should be a model law covering new international fisheries order. The established fisheries law needs to be changed to a pure fishing related law. The regulation of TAC are also requires to be reestablished as a single law.

장보고 대사의 해양경영모델에 비추어 본 동북아 물류네트워크 구축방향

서수완(Seo SuWan),박명섭(Pak MyongSop),고용기(Koh YongKi) 한국해양비즈니스학회 2004 해양비즈니스 Vol.- No.4

Chang Po-Go established a global network which dominated not only triangular trade among Korea, China, and Japan, but also the trade between the South and North areas within China, as well as merchants from Persia and Southeast Asia. From that on, he made Korean Peninsula the economic center of Northeast Asia, and he was the first person who controlled the maritime trade in the East in history. Also his maritime activities were not just trade, but also they were comprised of various commercial activities concerned with trade such as exporting Chinese ware produced by themselves giving translation and guidance service for the trading activities of envoys from the three nations, Korea, China, and Japan; transporting travelers; building and repairing of ships; and giving religious and cultural support. Through combining military, manufacturing, and commerce, he presented a new model of trade and business for various fields and made Korea the trading hub of Northeast Asia. Now, To become centers for logistics hub of Northeast Asia., Korea should be equipped with infrastructure related to logistics, and build of Northeast Asia development bank, go into foreign logistics hub related to domestic logistics hub.

공정무역의 판단기준에 관한 고찰: 정부와 기업의 시사점

김민재(Minjae KIM),박명섭(Myongsop PAK) 한국무역상무학회 2021 貿易商務硏究 Vol.90 No.-

오늘날 미국을 중심으로 한 세계 각국에서 무역적자 해소 및 불공정 무역관행 시정이라는 기치 하에 보호무역주의가 대두되고 있다. 글로벌 경기침체 및 가치사슬의 붕괴가 발생하고 있으며, 우리나라 또한 그 여파에서 자유로울 수 없다는 사실은 자명하다. 공정무역에 관한 심도 있는 고찰을 행하기 위해서는 통상정책에 있어서의 ‘공정성(Fairness)’에 대한 명확한 정의와 규정이 선행되어야 한다. 본 연구에서는 국가가 시행하는 무역행위 일체의 공정성 인정 및 여부 판단을 위해 ‘규범지향형 기준’과 ‘결과지향형 기준’ 및 ‘상호주의’ 세 가지 개념적 틀에 입각하여 문헌적 고찰을 실시해 나가고자 한다. 공정무역의 시비를 판가름할 수 있는 공정성의 구성요소로서 ‘규범지향성’, ‘결과지향성’ 및 ‘상호주의’에 기초한 이론적 고찰을 진행하였다. 무역관행은 WTO, FTA 등의 체제 내에서 그 정당성이 논의됨으로써 규범지향성을 가져야 한다. 공정성 여부를 무역수지 내지는 자국 내 법령 등에 근거하여 일방적으로 판단하는 결과지향성을 내포할 경우 불공정무역에 해당된다. 나아가 자유무역을 전제로 개방을 추구하며, 상대국의 개방정도에 부합하도록 자국 또한 개방을 촉진함으로써 통상을 원활화하는 상호주의에 기초해야 한다. Today, protectionismis emerging in countries around the world, centered on the United States, under the banner of resolving trade deficits and correcting unfair trade practices. The global economic recession and the collapse of the value chain are occurring, and it is evident that Korea cannot be free from the aftermath. In order to conduct in-depth consideration of fair trade, clear definitions and regulations on "fairness" in terms of trade policies should precede. In this study, we intend to conduct a literature review based on three conceptual frameworks: Rule-based fair tarde, Power-based fair trade, and Reciprocity to recognize and determine the fairness of all trade activities implemented by the state. Theoretical considerations based on three conceptual frameworks were conducted as components of fairness that could determine the disputes of fair trade. Trade practices should have normative orientation as their legitimacy is discussed within the WTO, FTA, etc. It is unfair trade if it implies orientation as a result of unilaterally judging whether it is fair or not based on trade balance or domestic laws. Furthermore, the government should pursue openness on the premise of free trade, and its own country should also be based on reciprocity that facilitates trade by promoting openness to meet the degree of openness of the other country.

무역계약에서 인지된 위험과 신뢰가 지속가능한 거래관계에 미치는 영향에 관한 고찰

김성국(Sungkuk Kim),박명섭(Myongsop Pak) 한국무역학회 2016 한국무역학회 세미나 및 토론회 Vol.2016 No.4

중국 법률시장의 개방과 관련 법제도에 관한 연구

박우(Park Woo),박명섭(MyongSop Pak) 법무부 국제법무정책과 2011 통상법률 Vol.- No.102

According to WTO joining of China, China will expand to open the local legal market and participate in international cooperation and competition in a wider range and higher levels. International business activities inevitably will occur several legal problems and the industry of legal services will become more complicated with globalization. Therefore, legal service providers must have the skill to solve high level of the various legal problems, and through this way to take a more favorable position in the legal services market. Following China's WTO accession, trade in services is one of the factors which most affected to the countries' economic sector. To build the legislative system related to trade of legal services is an important research project for China's government and lawyers association. Therefore, the opening of the China's legal market is a trend which can not be against. Under these circumstances, it's need to analyze the policies and regimes related to China's legal services, and to understand what's problems are existing in the opening stage of legal market. This thesis analyzed the status of opening legal markets and related regimes after China accessed the WTO. Firstly, The thesis made a comparative study refer to the opening up issue of legal services in some developed countries. Then discussion on weakness of the regimes related to opening legal markets in China, and take a side view of the organization structure, management systems, and opening markets to give some suggests for China's legal market and its regimes.