Korean | English

pISSN : 2092-769X / eISSN : 2733-6948

2020 KCI Impact Factor : 0.22
Aims & Scope
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Dong-A University's Graduate School of Law set its specialization goal to "cultivate legal practitioners specializing in international commerce law" and established the'International Transaction Law Research Center' as a specialized research center under the Law Research Institute in preparation for the opening in March 2009. The necessity of establishing the International Transaction Law Research Center is as follows. First, Busan is playing a pivotal role in maritime transportation as a center of logistics in Northeast Asia due to its regional characteristics. Second, even in recent changes, such as the expansion of the function of Gamcheon Port as an international fisheries logistics and trade base and the designation and operation of Busan Port as a free trade zone, Busan's status as a maritime logistics center has been reaffirmed. Third, Korea's only maritime court was established in the Busan District Court, and the opening of the Busan New Port in 2004 and the relocation of public institutions such as Korea Ocean Research Institute, Korea Maritime Research Institute, and National Oceanographic Research Institute to Busan are scheduled.   "International Business Transactions Law" is an academic journal published by the International Trade Law Research Center and is closely related to the necessity of establishing the International Trade Law Center mentioned above. "The National Law and Law" is an academic journal for publishing research papers such as research results held at domestic and overseas academic seminars, and its first issue was published in September 2009, and as of March 1, 2020, the publication until No. 28 It is a situation. The publication of the specialized academic journal "International Business Transactions Law", in conjunction with the regional characteristics of Busan, aims to contribute to the region by publishing the research results of experts in the field of international commerce law in an academic journal and at the same time contributing to the specialized research of the law school. Are doing. To meet this purpose, Dong-A University Law Research Institute has been publishing four times a year over the past three years, 2018, 2019, and 2020. In addition, the Institute of Law is receiving more than 50 million won annually for the budget related to international transaction specialization.
Editor-in-Chief
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Choi Sung-su

(Dong-A school of law)

Citation Index
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  • KCI IF(2yr) : 0.22
  • KCI IF(5yr) : 0.21
  • Centrality Index(3yr) : 0.462
  • Immediacy Index : 0.0769

Current Issue : 2021, Vol., No.33

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  • A Comparative Study on the Export Control System of Strategic Items between Korea and Japan - Focused on Major Issues Related to Trade Conflicts between Two Countries -

    Choi, Dong Jun | 2021, (33) | pp.1~42 | number of Cited : 0
    Abstract
    The conflict between South Korea and Japan over the strategic export control system, which began in July 2019, is still ongoing. The Japanese government converted the three major strategic items which are the core materials of semiconductors and displays from being subjects to comprehensive export permission to subjects to individual export permission, and excluded Korea from the White List Country Group for a reason of Korea's poor operation of strategic items. In response, the South Korean government also responded by excluding Japan from the preferred countries in terms of reciprocity. The conflict between South Korea and Japan, with the fact that these two countries play a leading role and have the Asia's longest history in export control systems, by joining four export control systems, the Wassenaar Arrangement(WA), the Nuclear Suppliers Group(NSG), the Australian Group(AG), and the Missile Technology Control Regime(MTCR), and all three non-proliferation treaties, the Treaty on the Non-Proliferation of Nuclear Weapons(NPT), the Biological Weapons Convention (BWC), and the Chemical Weapons Convention(CWC), is never desirable for the world peace and the development of the two countries, and should be resolved as soon as possible. In this respect, this study focused on major issues related to conflicts between Korea and Japan, including related laws and export control organizations, the List control, the Catch-all control, the Compliance Program, and sanctions against North Korea. The main points of the analysis are as follows. First of all, Korea enforces four laws, including the Foreign Trade Act, while Japan implements a unified legal system under the Foreign Exchange and Foreign Trade Act(FEFTA) and regulations thereunder. And while Korea distributes the management of strategic items to various ministries, including the Ministry of Trade, Industry and Energy, in consideration of the matter of an organization, Japan operates the export control system under the general management of the Ministry of Economy and Industry (METI). Both Korea and Japan accept designated items by the international export control systems, and export permissions are more subdivided in Japan's comprehensive export permissions in the List control. And, in the Catch-all control, Korea uses more strict control methods with the ‘inform control’, the ‘know control’, and the ‘suspect control’ than Japan's methods of the ‘inform control’ and the ‘know control.’ The constituents of the Compliance Program(CP) is almost identical between the two countries, including organization, regulation, education, and audit, but Japan is showing a more active and wider operation. And the sanctions against North Korea are being operated basically in coordination with the United Nations and the United States regarding North Korea's nuclear, missile development and launch. And, despite the conflict with Japan, Korea established a trade security organization in the Ministry of Trade, Industry and Energy in April 2020, and, in June of the same year, revised the Strategic Goods Import and Export Notice, eliminating the possibility of interpretation that “WMD, etc.” do not include conventional weapons, and clarified the basis for the Catch-all control for conventional weapons(Article 2, No. 15). This study examined issues under international law related to trade conflicts between the two countries through a comparative analysis of the export control system of strategic items between Korea and Japan. According to the analysis, Korea and Japan had little difference in operating the systems at the Asia's highest level in terms of managing strategic items and maintaining laws and systems to comply with relevant international laws, and were fulfilling their obligations well in domestic laws. Therefore, it is hard to deny that non-system factors are involved in the conflict between the two countries rather than the strategic items system itself. A more active political and diplomatic approach will be needed at the government level. Also, since international law is a field where there are risks of various interpretations that can be abused in the process of pursuing national interests for legal justification, it would be good to use this experience as an opportunity to thoroughly prepare for sensitive issues under international law at the national level for the future legal disputes.
  • The Resale Royalty Right of EU and Legislation for the introduction into our copyright law.

    Choi, Sang Pil | 2021, (33) | pp.43~64 | number of Cited : 0
    Abstract
    In Europe, where the Resale Royalty Right is already settled, if an art dealer or auctioneer is involved as an acquirer, seller or broker in relation to the resale of the original artwork, the seller is required to pay a certain amount of the resale price to the author, but In Korea the Resale Royalty Right has not been introduced yet. The introduction of the Resale Royalty Right has the advantage of ensuring the economic benefits of artists and their descendants to some extent depending on their protection period. However, in Korea, which has a different artistic environment from Europe, the hasty introduction of the Resale Royalty Right could further dampen the art auction market, which could worsen the artist's profit structure and cause a outflow of domestic capital. Nevertheless, rather than unconditionally hesitating to introduce the Resale Royalty Right due to these negative aspects, it is desirable to seek legislation of the right to compensate for shortcomings and maximize advantages through active discussions. Consequently, in this work, a legislative proposal was presented to add new and detailed regulations on the Resale Royalty Right to our copyright law by referring to foreign precedents and analyzing strengths and weaknesses.
  • Acquisition in good faith of real estate im german Civil-Code

    JANG BYEONGIL | 2021, (33) | pp.65~88 | number of Cited : 0
    Abstract
    The institution for bona fide acquisition is recognized not in real estate but only in the movable asset in Korean Civil Code. On the contrary the institution for acquisition in good faith of real estate is approved in German Civil Code. Real estate registration credibility plays an important role in both legal system. The Register of Real Estate is not just a record of any type of property. It is only possible to meet with a very large financial means. Accordingly, the appearance of the right, i.e.; it is highly necessary to attribute assumptions and trustworthiness to them and make them a very useful means for the transaction. Therefore, the adjustment of that function will be very important, if there's a lot of difference according to the possibility of untrueness or not, These ideas are contained in Articles 891, 892, and 893 of the German Civil Code(BGB). The effects of it are so diverse and free, it brings a very large economic ripple effect. The starting point of these regulations is the untrueness of registration, i.e.; It begins with something inconsistent with the true legal situation, and then its legal status is vested in him, if it corresponds to what is stated in the Register of Real Estate in the transactions by legal act. Like this, germany recognizes the institution for acquisition in good faith of real estate when certain requirements are met. It has resulted the enomous expansion of the circulation potential in real estate and related rights. We also need to come up with legal measures to enable an expanded economic environment.
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