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최근 베트남의 대외무역거래관행의 변화가 우리나라의 대베트남 교역업체에 미치는 영향에 관한 연구 : 시장접근, 계약, 운송, 결제, 중재를 중심으로
장두채 국제지역학회 1998 국제지역연구 Vol.2 No.2
The Vietnam has been pursuing basic reforms in its foreign trade along the line of achieving economic revolution and market economy. As a result, many changes have been made in its foreign trade practice and regulations concerned. Furthermore, enactment or revision was made in foreign trade management law, trade contract law, goods transportation law, tariff law, banking exchange law. Thus, along with international treaties or regulations and mutual agreements, this overall change in the foreign trade system and laws is altering the Vietnam's customary practice of foreign trade. First, among the problems resulting from the reformed trade system are the reliability checkup of various Vietnam trade firms, the reality of their foreign exchange holdings, and other problems following the change in trade practice and Vietnam market structure. In answer to the changing Vietnam trade system, we need to establish proper information system for trade with Vietnam to open the Vietnam market, we need to employ various marketing techniques and trade forms along with proper amounts of advertisements, exhibitions, and trade fairs. Second, we should be well acquainted with the Vietnam reference rules, goods trade contract law, and the Korea-Vietnam Trade Agreement. Some important things we should be attentive to in making contracts are that we should prevent some possible disputes that may take place by specifying international rule applications. Third, the poor capacity of containers and ship's space will be released to some extents, as competitive shipping companies emerge by opening marine transportation market. And as a means to release over-capacity of harbor in Far East we should develop some alternatives to us exclusive piers for Korean cargo by renting some of transportation along with banking practices. Forth, as for the effective payment settlement, we require many Cores contracts between Korean banks and Vietnam commercial banks and we should wisely invent barter trade insurance and meanwhile enlarging and activating international factoring system to reduce any risks involved. Fifth, in dispute between the Korea and Vietnam, the application of international arbitration rule and the standard arbitration clause of the Korean Commercial Arbitration Board is very important.
[국제통상]국제무역에 있어서 전자상거래분쟁에 관한 연구 - 중국의 도메인네임과 상표분쟁을 중심으로 -
장두채(Doo-chaei Jang),손성문(Seong-mun Son),김재승(Jae-sung Kim),김경배(Kyung-bae Kim) 한국국제상학회 2004 國際商學 Vol.19 No.4
The purpose of this paper is to study on the disputes of domain name and trademark fight in China. Nowadays it is important to register easily memorized and reminded domain name m the electronic commerce. So everyone wants to register more easily memorized and reminded domain name But because domain name Just constitutes the alphabet A to Z and the Arabic figures 0 to 9, there are many same or similar domain names with famous trademark and general trademark. So frequently between famous trademarks and domain name had brought the lawsuits to recover their rights. But it is not easy to deal with these occurred new problems. In electronic commerce there are many types in the disputes of domain names and trademark fight in China But, this paper focuses on what choose between domain names rules and trademark right with these disputes With investigations in the suits between domain name and famous and general trademark, People's Court of the People's Republic of China had three types decisions. First, in the disputes between domain name and well-known marks, well-known marks has priority. Second, in the disputes between domain name and famous trademark, famous trademark has priority Third, in the disputes between domain name and trademark, domain name has priority.
장두채(Doo-chae Jang) 한국국제상학회 2006 國際商學 Vol.21 No.4
In world marine shipping community it is business usage that Consignee using Letter of Guarantee(L/G) receives the goods from shipping company. But still there are another arguments not to extend that usage to the customary law. This situation also occurred in China.<BR> The People"s Court of the People"s Republic(PCPR) of China decided that it is fault that consignee using L/G receives the goods from shipping company. But the PCPR of China not yet settled the governing law of L/G"s disputes. According to the PCPR"s judgement, the PCPR"s application of the law is two types of delict and breach of contract. Under the application of the law, the lawsuit prescription and indemnity are so different. So it is need to study of L/G"s disputes in China.