신용장거래에서 선적서류의 분실에 대한 은행의 책임에 관한 소고 - UCP 600을 중심으로

임목삼(Lim Mok Sam) 한국무역상무학회 2008 貿易商務硏究 Vol.37 No.-

  The purpose of this study is to provide the guideline for the loss of documents relating to the delivery of documents under Letter of Credits transactions.<BR>  If the documents are lost while in transit from the nominated bank to the issuing bank neither the nominated bank nor the issuing bank is liable as Article. 35 of the UCP600.<BR>  Normally such matters are settled amicably between banks and problems are only likely to give rise to litigation where this cannot be done and the applicants does not want the goods or take delivery or sell them on because of the loss of documents.<BR>  UCP 2007 Revision stated that a presentation is complying and forwards the documents to the issuing bank, whether or not the nominated bank has honoured or negotiated, an issuing bank must honour or negotiate, or reimburse that nominated bank.<BR>  Accordingly, the applicant liable to the issuing bank for any damage sustained as a result of the loss of document. In such circumstance it might be possible to obtain a second(duplicate) set of documents that were sufficient to satisfy the applicant that the document were compliant and enable the applicant to obtain deliver of documents or comply with the terms of a sub-sale.<BR>  If the applicant does not want the documents presented, no the less, the bank might find it difficult to prove that complaint documents had been presented and, subject to the terms of arrangement with the buyer, could be liable for damage sustained by the applicant as a result the loss of the documents.

중소기업의 원산지 관리 실태 및 개선방안에 관한 연구

임목삼(Mok-Sam Lim) 한국무역학회 2013 貿易學會誌 Vol.38 No.5

미국의 불공정 무역 제한 제도에 관한 연구

임목삼(Mok-Sam LIM) 한국무역상무학회 2021 貿易商務硏究 Vol.91 No.-

지난 해 말 기준 우리나라는 WTO에서 규정하고 있는 다양한 수입규제의 방식 중 AD, CV, SG에 대하여 31개국으로부터 217건의 수입규제조치를 받고 있으며, 미국으로부터 총 46건 21.2%의 가장 많은 규제를 받고 있는 것으로 나타났다. 이와 같은 수입규제조치는 수입물품의 왜곡된 가격 등으로 인하여 국내 산업 등에 피해를 초래한 경우에 취할 수 있는 무역구제제도로서, 상호주의 원칙에 입각하여 교역 당사국들이 공정하게 거래하지 아니함으로서 발생하는 피해가 구체적으로 입증될 수 있는 경우에 한해 관세의 추가적인 부과 등을 통하여 수입제한조치를 하도록 하고 있다. 본고는 미국의 불공정 무역의 제한을 위한 입법 현황과 수입규제조치를 위한 적용범위를 분석하고, 미국의 수입규제 현황과 수출입통계를 통해 향후 더욱 거세질 것으로 예상되는 수입규제에 대한 대응 방안을 모색한다. The United States is protecting its own industries and improving trade balance by actively utilizing the import control system recognized by the WTO and related domestic laws. Although the US is taking the most import control measures in the world, it seems that import control measures are being taken with trade cooperation in mind, given the high rate of lifting of import restrictions. The US is the most import restrictions on Korea. Among the countries with a trade surplus with the US, Korea ranks 8th, but on the other hand, it is subject to many import restrictions from the US. Korea has received a total of 35 import restrictions from the US. This is higher than the import restrictions imposed on Mexico, Japan and Germany, which have higher trade surpluses with the US than Korea. Why is the US implementing so many import restrictions on Korea? The reason is that Korea has a trade surplus with the US and its main export items overlap with China. China accounts for 44% of the US"s trade deficit and is subject to 199 import restrictions from the US. The major items in the US trade deficit over the past 10 years are HS84(machinery), HS85(electrical equipment), HS30(medical supplies), and HS87(automobile). Although the foreign trade deficits of HS84 and HS87 are on the decline in recent years, the deficits of HS84 and HS30 are deepening. Among them, automobiles, electrical equipment, and machinery are Korea"s main surplus items with the US, so it is expected that import restrictions will continue to be enforced for these industries. The cause of the US import restrictions is sanctions for cases that place an undue burden on US industry, protection of US intellectual property rights, expansion of overseas markets for US products while promoting US economic growth, and current account balance for countries with a trade surplus with the US. The US trade deficit has been accelerating since 2016. Since Korea is one of the 10 major countries with a trade surplus with the US, it is necessary to prepare for US import restrictions on electrical equipment, automobiles, and machinery, which are major export items to the US. If the US implements import control measures against Korea in the future, it is necessary to take active measures such as actively calling and cooperating with the import control measures investigation authorities, and using the WTO dispute resolution procedure. On the other hand, while urging the US to implement the trade agreement, it is necessary to converge the US position by attempting to adjust the interests of related industries from various angles. Then, it will be possible to maintain the advanced Korea-US trade relationship as in the case of allotted export quotas on steel exports.

한.인도 CEPA 수출입유망품목의 효과 연구

임목삼(Lim, Mok Sam) 한국무역상무학회 2011 貿易商務硏究 Vol.49 No.-

This paper study on the effect of the removal or reduction of the tariff on Korea-India trade by CEPA between Korea & India and then examines the effects of increased exports & imports to Korea on India. Despite the analysis is based on data over a short period of time, this paper shows that CEPA between Korea & India has substantially increased Korean exports(42.7%) and imports(37%) to India in 2010. It is also shown that CEPA between Korea & India has had a considerable impact on market. As a result can be summarized as follows. The potential fields of expanding the trade between the two countries due to the tariff concessions of the removal or reduction. Consequently the effect of the removal or reduction of tariff will be low our expectation but CEPA between Korea & India would have a positive effect on Korea’s exports to India in the long term. This paper has examined the impact of CEPA between Korea & India on general economy. It needs a further study to estimate trade diversion effect of CEPA and to find out the impacts on specific industry.

한국의 중간재 교역 증진에 따른 FTA 원산지 교차 누적 활용 확대 필요성에 관한 연구

임목삼(Mok-Sam LIM) 한국무역상무학회 2021 貿易商務硏究 Vol.89 No.-

FTA 활용 효과는 특혜 관세 효과 대비 원산지 규정으로부터 발생하는 보호장벽과 FTA 활용 비용 부담 등으로 인하여 경제적인 실익이 없다는 부정적인 연구가 있는 반면, FTA 활용률 분석이나 누적 기준을 활용 대비 수출효과 분석 등의 연구를 통하여 교역 확대 효과가 크다는 긍정적인 FTA 연구가 최근 주류를 이루고 있다. 본 연구는 최근 주목받고 있는 FTA 원산지 누적에 관한 선행연구 분석 및 한국의 중간재 수출입에 따른 교역량 현황을 분석하여 광대역 FTA 추진 단계에 접어든 한국의 무역 정책에 있어 중요한 화두인 교차 누적의 활용 확대 필요성에 대해 연구하고자 한다. The purpose of this study was to propose a method of utilizing cross-accumulation, an important topic in Korea"s trade policy, which has entered the stage of broadband FTA promotion, by analyzing previous studies on the accumulation of FTA origins and the trade status of intermediary goods import and export in Korea. Negative FTA studies indicated that the FTA effect was hampered by the complexity of the rules of origin, but as it was found that the relaxed rules of origin such as cross-accumulation have the effect of promoting trade, the economic effect of the FTA is more of a trade volume than compliance with the country of origin standards for the use of preferential tariffs. It was confirmed that there is a real benefit of using the FTA in the relaxation of the country of origin standard for the effect of increasing the amount of money. In Korea, where it is difficult to promote trade expansion through unification based on the country of origin, such as the pan-European cumulative regime, it is necessary to actively promote the introduction of the cross-accumulation clause as a realistic alternative for the improvement of trade volume. Cross-accumulation is a form of mutual recognition of different rules of origin in two or more bilateral FTAs so that trade can move more freely in a common area where FTAs overlap without negotiation on unified rules of origin. It is advantageous for expansion. In other words, if the country of origin is recognized as it is possible to produce offshore materials and production without amendment of the current rules of origin for each item, which is not identical due to the introduction of the cross-accumulation clause, the same effect as the conclusion of a new agreement may occur. Moreover, in the case of Korea, the proportion of intermediary trade is constantly increasing, and the increase in domestic-centered or allied-centered trade due to Corona 19, and China, etc. It is necessary to actively promote it. In the case of Korea as well as major countries with a large amount of trade in the world, changes in the trade environment where the proportion of trade in intermediate goods is constantly increasing is confirmed, so policy support is needed to support a trading environment centered on intermediate goods rather than finished goods. As the domestic-centered protection trade is gradually strengthening and the global trade negotiations are likely to stagnate for the time being due to the environmental change of non-face-to-face contact, the expansion of the supply chain based on the existing FTA is a major time point. The introduction of cross-accumulation can not only accelerate offshore materials and production without amendments to the rules of origin of items under the current agreement, but also has the potential to bypass the trade friction between the two due to the increase in direct trade. If cross-accumulation can be introduced in countries with active intermediary trade, a stable supply and demand of intermediary goods can be ensured along with a continuous increase in the proportion of intermediate goods exports. Korea"s major intermediary trading countries are China, the United States, Vietnam, and Japan. Since processed other industrial goods, industrial parts (excluding transportation equipment), and transportation equipment parts are mainly exported and imported, FTAs related to these countries are promoting the introduction of cross-accumulation. If the Korea-China FTA and Korea-Vietnam FTA stipulate cross-accumulation for Vietnam and China, indirect export effects to Asia and Europe are expected to increase.

A Study on the Geopolitical Role of Korea-Turkiye FTA Effect Analysis

LIM, Mok-Sam(임목삼) 한국무역학회 2023 한국무역학회 세미나 및 토론회 Vol.2023 No.2

Mega-FTA 시대에 원산지 누적기준의 활용과 대책

임목삼(Mok-Sam Lim),임성철(Sung-Chul Lim) 한국무역학회 2016 貿易學會誌 Vol.41 No.5

리스크관리 측면에서 FTA 연구동향 분석

임목삼(Mok Sam LIM),최미수(Mi Soo CHOI) 한국무역상무학회 2018 貿易商務硏究 Vol.78 No.-

This research aims to review every important academic research on risk management in FTA and to suggest a future area for further research. This research area seems to focus on conceptual study or fact finding rather than on theory development or empirical research on causal relationship or theory testing. The National Assembly Digital Library analyzed the results of 3,576 researches on thesis and journals fromthe results of the FTA. Research on FTA is analyzed in four major themes. First, there have been previous studies on business performance suchas FTA export performance and economic effect. Second, analyzed the effects of FTAin product and service. The products are classified into agricultural, marine products, manufacturing, textiles and clothing, medicinal pharmaceuticals, cosmetics, and others. Services are classified into educational and cultural contents, service industry and financial industry. Third, research on the riskmanagement of FTAOrigin is broadly classified into the use of country of origin and the verification of origin, and the use of origin includes the study of rules of origin and systems of origin and management.Origin verificationwas divided into origin verification and origin risk management. Fourth, study on the conclusion area of the FTA, studieswere conducted on areas such as Korea-US FTA, Korea-China FTA, Korea-EUFTA, Korea-Japan FTA, Korea-Chile FTA, and Korea-ASEAN FTA. Search results through the FTA, focused on analyzing the FTA area and concept research by research purpose. In addition, research methods are mainly focused on documentary survey, and research areas are concentrated on specific countries such as China and USA. This implies a necessity for a future development in that research area.Other areas for future researchmay include case research on actual failures in FTA, proactive risk management strategy, and integrated risk management for export companies. Riskmanagement in FTAmay help investment expansion, and that is why research on the issue matters.

한ㆍ중 FTA와 旣체결 주요 FTA의 원산지 규정과 절차 비교연구

임목삼(Mok Sam LIM),임성철(Sung Chul LIM) 한국무역상무학회 2016 貿易商務硏究 Vol.69 No.-

The reviewing of an analysis of the Korea-China FTA due to guidance introduced for the new regulations or exceptional regulations compared to the KORUS, Korea-EU, Korea-ASEAN FTA. Commodity sectors in the Korea-China FTA and the KORUS, Korea-EU, Korea-ASEANFTA (the majority in the country and trade criteria analysis result) compared and analyzed the results, rules of origin and the customs clearance procedures of origin, preferential tariff rate of origin and the origin preferential specific rules are somewhat difference, but customs and trade facilitation regulations are already quite consistent with the Korea customs system. Relatively important research results were as follows. First, the calculation of the regional value content in KORCHINA FTA is that I'm to use the deduction method can comprehensively reflect a regional value ratio, with respect to the materials acquired originating status as the FTA in the US and EU use the product non it's not to consider the value of the originating materials originating materials can be utilized for intermediate goods. Second, even if a non-treaty country in the middle with the exception of direct transport rules, and acknowledge the country of origin are under customs control, there are provisions for the period are temporarily stored in a non-treaty countries separately, that period goods imported into the non-treaty countries and up to three months from the day. If the situation of the occurrence of force majeure be greater than three months, but has so exceed sixmonths. Third, the materials acquired originating status in the Korea-China FTA not to consider the value of non-originating materials used in its products as the KORUS FTA and Korea-EU FTA, that can be utilized originating materials for intermediate goods. It is expected that higher utilization of rules of origin. Meanwhile, Korea-China FTA has provisions to allow requests for preferential tariff applied on imports Customs declaration of intention to apply pre-condition for a preferential tariff applied to the importer. In other words, if the import customs tariff preference when applying post-intention not to advance is to be noted that any preferential treatment to prevent the later application.

FTA에서 원산지 증빙서류 증명 책임에 관한 일고

임목삼(Mok-Sam LIM),임성철(Sung-Chul LIM) 한국무역상무학회 2018 貿易商務硏究 Vol.77 No.-

The purpose of this study is to examine the legal standards of agreements on the origin of liability and the relevant laws in Korea, to suggest implications for custom authorities and traders wishing to benefit from preferential tariff via FTA, citing the excluded cases of related FTA preferences (court cases and administrative judgments). In order to examine the provisions related to supporting evidence of the origin of liability in FTA, we examined FTAs agreed between Korea and EU, EFTA, ASEAN, U.S., and India relevant to FTA Special Customs Act, court cases and administrative judgements. If verifying the origin to protect the fair trade order impedes to promote utilizing FTA, solutions will need to be suggested. If FTA preference is exempted due to verifying the origin by the import customs authorities, the importer shall pay the income tax calculated in accordance with the general tax rate. This is because the certificate of origin confirmed during verification process is different from the actual origin. In most agreements, the exporter (the producer) shall issue the certificate of origin and since the importer has no other option than obtaining the certificate of origin from the exporter, it may face consequences such as declined credibility from the custom authorities in addition to being disqualified for FTA preferential, if the certificate of origin received from the exporter has flaws. On the other hand, the exporter cannot help but being punished by the customs authorities due to issuing defective origin certificates, but it doesn t have conventionary liabilities for damages incurred to the importer. As a result, importers are forced to pursue legal proceedings to claim damages to exporters or to give up FTA preference. As FTA is increasingly utilized, the number and amount of origin verification in Korea has continuously been increasing while administrative judgements indicates other FTA exporters doesn t seem to gain any support in utilizing FTA like Korea does. It has been 8 years since full-scale supports in FTA launched and now is the time to introduce more efficient and intensive FTA support system In this regard, it is desirable to conduct comprehensive verification on export Next, an institutions that assures FTA-based exports should be established in order to compensate the importer s damages that may occur from disqualified certificate of origin issued by the exporter.