• Title/Summary/Keyword: 국제무역(國除貿易)

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A Comparative Study on the Right to Avoid the Contract of the Buyer under SGA and CISG (SGA에서 매수인의 계약해제권에 관한 연구: CISG와의 비교를 중심으로)

  • Min, Joo-Hee
    • Asia-Pacific Journal of Business
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    • v.11 no.3
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    • pp.273-290
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    • 2020
  • Purpose - The purpose of this paper is to examine the buyer's right to avoid the contract under SGA and CISG. Design/methodology/approach - This paper has conducted literature reviews to analyze the right to avoid the contract of the buyer based on the comparative study. Findings - Under s. 11(3) of SGA, the breach of a condition and an intermediate which deprives the buyer substantially of the whole benefit of the contract may give rise to a right to treat the contract as repudiated. But under Art. 49 of CISG, the buyer has the right to terminate the contract where the seller's failure to performance amounts to a fundamental breach of contract. Regarding the breach of an intermediate and the breach under CISG, the buyer should take into account where the seller's breach is fundamental or not. Moreover, an anticipatory breach can give rise to a right to avoid the contract. The anticipatory breach of a condition justifies termination. The breach of an intermediate and the breach under CISG require an anticipatory fundamental breach of the contract. Under SGA, the buyer has to prove an anticipatory breach in fact but CISG does not require virtual certainty, which SGA has stricter criteria to assess an anticipatory breach. Research implications or Originality - Comparative study helps to understand the nature of provisions under SGA and CISG and suggests practical advice to choose applicable laws. SGA gives more certainty to classify a contractual term. In case of the breach of a condition including the anticipatory breach under SGA, the buyer does not have to ask how much serious the breach is. But CISG requires the fundamental breach of the contract, which means that the buyer has the more burden of proof compared with SGA.

The Effects of Airport Passengers, CCTV, Signal Device & Electric Alarms on Export to Korea (공항 환승여객과 CCTV, 전기진단 및 의료기기, 전기경보 및 신호장치의 수출이 한국 수출에 미치는 영향 분석)

  • Jang, Ye-Jin;Choi, Jeong-Il
    • Convergence Security Journal
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    • v.20 no.4
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    • pp.217-225
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    • 2020
  • In recent years, the "social distance" has drastically reduced overseas travelers. On the other hand, for personal safety and security, it is expected that interest and demand for CCTV, electric alarm and signaling devices, electric diagnostics and medical devices will increase significantly. The purpose of this paper is to find out the effect of airport transfer passengers and exports of CCTV, electrical diagnostics and medical devices, electrical alarms and signaling devices on exports to Korea, and the synchronism of each variable. To this end, this study used a total of 231 monthly data from January 2000 to April 2020 in the National Statistics Service. As a result of empirical analysis, CCTV and electrical diagnostics and medical devices showed relatively high synchronization with respect to exports to Korea. Electric alarms & signaling devices and transit passengers also showed a certain level of synchronization with exports, but were relatively weak.

Introduction and Prospects of UNCITRAL Expedited Arbitration (UNCITRAL 신속 중재의 도입과 전망)

  • Lee, Choonwon
    • Journal of Arbitration Studies
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    • v.32 no.1
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    • pp.25-42
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    • 2022
  • The modern arbitration practice recognises the need for a faster and simplified procedural framework for international disputes with fairly low amounts at stake. This has driven several institutions to expand their offer of procedural guidelines with a simplified set of rules that would fit this purpose. Expedited arbitration is increasingly used by parties and is growing in popularity. The basic idea behind establishing expedited arbitration rules is to create the possibility for the parties to a dispute to agree on a simplified and streamlined procedure and to have an arbitration award issued within a short period. The associated cost savings for the parties is another benefit. The importance of developing rules for expedited dispute resolution has recently also been considered by the UNCITRAL Working Group II, in light of the "increasing demand to resolve simple, low-value cases by arbitration" and "the lack of international mechanisms cope with such disputes." As a result, the UNCITRAL 2021 Expedited Arbitration Rules (UNCITRAL EAR) took effect on September 19, 2021. The EAR was adopted by the Commission on 21 July 2021 and, next to UNCITRAL's well-known instruments like the Arbitration Rules (UAR) and the Model Law, represent another chapter in the Commission's impactful work in the field of international arbitration. Overall, the UNCITRAL EAR has great potential to meet the need for more flexible and efficient arbitration proceedings, primarily because they provide the tribunal with strong managerial powers while still leaving room for consultation with the parties. However, parties must remember that not all disputes may be suitable for expedited arbitration, and disputes that are complex or have the possibility of being joint or consolidated may not benefit from simplified procedures and tight deadlines. This article will outline the core features and characteristics of the UNCITRAL EAR.

Priority Analysis for Consumers' Purchasing Factors of Seafood Online Using AHP Method (온라인 플랫폼을 활용한 수산식품 구매요인 우선순위 분석: AHP 기법을 활용하여)

  • Jeong, Hyun-Ki;Kee, Hae-Kyung;Park, Se-Hyun
    • Asia-Pacific Journal of Business
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    • v.13 no.3
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    • pp.449-461
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    • 2022
  • Purpose - The purpose of this study to explore factors consumers prioritize when purchasing seafood online. The originality of the study lies on adopting AHP-based approach in analyzing prioritized purchasing factors of seafood online. Design/methodology/approach - A survey was conducted targeting Korean consumers who have purchased seafood online. AHP method was applied to rank factors consumers prioritize before making decision. Findings - First, product's factor ranked first among other high level factors including delivery service, seller, online platform. Second, sanitation, taste, country of origin ranked first, second, third respectively, within product's factors. Third, safe delivery, timeliness, information accuracy ranked first, second, third respectively, within delivery factors. Fourth, consumer reviews, consumer response ability, promotion ranked first, second, third within seller factors. Fifth, Personal information management system, credibility, user-friendliness ranked first, second, third, within online platform factors. Research implications or Originality - To activate seafood online market, it is crucial to assure consumers that the seafood is well managed in a sanitary way from the production site to table. Existing government programs such as seafood traceability system, HACCP, and cold-chain infrastructure needs improvement. Due to highly perishable characteristic of seafood, delivery factors matter when purchasing online. Online platforms needs to continue to improve delivery service. Seafood products are mostly not branded and without objective information about their properties. Creating quality classification and seafood brands are likely to help consumers chose seafood online.

A Study on Properties of Crude Oil Based Derivative Linked Security (유가 연계 파생결합증권의 특성에 대한 연구)

  • Sohn, Kyoung-Woo;Chung, Ji-Yeong
    • Asia-Pacific Journal of Business
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    • v.11 no.3
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    • pp.243-260
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    • 2020
  • Purpose - This paper aims to investigate the properties of crude oil based derivative security (DLS) focusing on step-down type for comprehensive understanding of its risk. Design/methodology/approach - Kernel estimation is conducted to figure out statistical feature of the process of oil price. We simulate oil price paths based on kernel estimation results and derive probabilities of hitting the barrier and early redemption. Findings - The amount of issuance for crude oil based DLS is relatively low when base prices are below $40 while it is high when base prices are around $60 or $100, which is not consistent with kernel estimation results showing that oil futures prices tend to revert toward $46.14 and the mean-reverting speed is faster as oil price is lower. The analysis based on simulated oil price paths reveals that probability of early redemption is below 50% for DLS with high base prices and the ratio of the probability of early redemption to the probability of hitting barrier is remarkably low compared to the case for DLS with low base prices, as the chance of early redemption is deferred. Research implications or Originality - Empirical results imply that the level of the base price is a crucial factor of the risk for DLS, thus introducing a time-varying knock-in barrier, which is similar to adjust the base price, merits consideration to enhance protection for DLS investors.

The Effect of Economic Liberalization on Foreign Direct Investment (경제자유화가 외국인직접투자 유치에 미치는 영향)

  • Kim, Nam-Su
    • Asia-Pacific Journal of Business
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    • v.12 no.4
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    • pp.289-297
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    • 2021
  • Purpose - This study analyzed the correlation between economic liberalization and foreign direct investment. The purpose of this study is to seek ways to attract foreign direct investment from developing countries. Design/methodology/approach - This study analysed with observations of 19 from 2000 to 2018 using a fixed effect model, a random effect model, and a two-way fixed effect model. Findings - First, it was found that economic liberalization had a positive effect on attracting foreign direct investment in the early stages of economic liberalization. Second, it was found that economic liberalization in the deepening stage of economic liberalization had a negative effect on attracting foreign direct investment. In general, it was found that the higher the level of economic liberalization in developing countries is not accompanied by innovative changes in the industrial structure, the higher the level of economic liberalization is likely to decrease the inducement of foreign direct investment due to negative factors such as an increase in labor costs. Overall, this study approved that Economic liberalization have a non-linear (inverted U-shape) relationship with the inflow of foreign direct investment. Research implications or Originality - First, this study attempted to expand the variables for the determinants of FDI by analyzing economic factors which is a determinent of FDI. Second, economic liberalization generally has a positive effect on foreign direct investment, but it proved that it does not have only positive effects as a factor of attracting foreign direct investment in developing countries. The advantage of low wages in ASEAN countries acts as a factor for foreign direct investment, but as the degree of economic liberalization increases, the environment such as government size, guarantee of property rights, international trade freedom, fiscal soundness, and regulations change positively. On the other hand, it can be suggested that if the industrial level is less, it may lead to a loss of comparative advantage and a decrease in investment.

Relationship between Supply Chain Orientation, Smart Logistics Platform Utilization, Logistics Service Network and Foreign Market Performance (공급사슬지향성과 스마트물류플랫폼을 활용한 물류서비스 네트워크와 해외시장 성과 관계에 관한 연구)

  • Park, Young-Tae;Kim, Dong-Yoon;Cho, Yeon-Sung
    • Journal of Korea Port Economic Association
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    • v.38 no.1
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    • pp.87-100
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    • 2022
  • This study analyzed overseas market performance factors, focusing on the use of smart logistics platforms by companies entering overseas markets. Research design, data, methodology : Nine hypotheses were established among four potential variables, including the use of a smart logistics platform. An empirical analysis was carried out targeting 175 companies entering the overseas market, and hypothesis testing was performed using a structural equation model. As a result of the analysis, it was possible to confirm the mediating effect of the use of the smart logistics platform, and the effect of the supply chain orientation and the logistics service network was confirmed. In this study, it was confirmed that the use of a smart logistics platform mediates the effect of supply chain orientation on the logistics service network. In this regard, it was pointed out that it is necessary to increase the ability to utilize the smart logistics platform.

A Study on the Development of the Communality Model of Service Quality for the Non-face-to-face and Face-to-face Automobile Insurance Market in China (중국 비대면 및 대면 자동차 보험 시장의 서비스 품질 공통모델 개발 연구)

  • Kwak, Young Sik;Han, Kang-il;Koo, Ja Kyung;Hong, Jae Won;Nam, Yoon Jung;Pak, Ji Young
    • Journal of Korean Society for Quality Management
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    • v.50 no.3
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    • pp.387-405
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    • 2022
  • Purpose: This study aims to develop a communality model to measure the service quality that the customers encounter on face-to-face and non-face-to-face automobile insurance before and after insurance purchase. Methods: For these purposes, we conduct a five-step program to develop a comprehensive communality model to measure service quality except insurance purchase channels. Results: As a result, we find five communality factors: value-added service for automobile maintenance, value-added service for drivers, quickness, dispatch service, and convenience of the service process. And the relative importance of service quality factors was in the order of value-added service for drivers, the convenience of the service process, quickness, and dispatch service, respectively. Conclusion: This study developed the opportunities to enhance service quality to attract customers. And it contributes to the academic literature by reporting the industry-specific service quality model, which maintains a theoretical gap in the online and offline automobile insurance industry.

A Study on Container Terminal Layout and the Productivity of Container Crane During Ship Turnaround Time (컨테이너 터미널 배치 형태와 본선작업 생산성에 대한 연구)

  • Shin, Sung-Ho;Kim, Yeonkook J.
    • Journal of Korea Port Economic Association
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    • v.39 no.1
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    • pp.47-63
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    • 2023
  • In smart ports and port automation, the number of vertically deployed container terminals is growing. The purpose of this study is to analyze the productivity of horizontally arranged and vertically arranged container terminals by comparing the main ship operation time, and to recommend future strategies for increasing the operational efficiency of vertically configured container terminals. To achieve our goal, we chose two terminals representating each type, and collected berth allocation status data from 2018 to 2022. Then we analyzed the data using the Accelerated Failure Time (AFT) model, a parametric survival analysis technique. Under the assumption that the working circumstances of the C/C (Container Crane) are the same, we find that the productivity of on-board work of the vertically placed container terminal is higher than that of the horizontally placed container terminal. Our result also shows that the productivity is reduced during the COVID-19 period and the European ships show lower onboard work time. On the basis of these findings, we propose strategies to improve the productivity of vertical container terminals.

Analysis of the Articles published in The Journal of Shipping and Logistics : from Vol.51 to Vol.60. (해운물류 연구의 동향 - 해운물류학회지 제51호부터 제60호까지를 중심으로 -)

  • KOO, Jong-soon
    • The Journal of shipping and logistics
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    • v.25 no.3
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    • pp.775-800
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    • 2009
  • This paper analyzed tendency of research of articles published in the Journal of Shipping and Logistics from Vol. 51 to Volume 60. The results of the analysis are as the following: First, the subjects mainly researched in shipping and in logistics are port economics/management and logistics management/operation in the proportion of 35.0% and 13.7%, respectively. Second, university professors carry out research more actively than other research groups. Third, quantitative analyses are more often used than qualitative analyses for research method. Finally, Korean literatures and English literatures are used at the same rate for reference. In conclusion, for the development of the Journal of Shipping and Logistics, the subjects should be diversified, systematic collaboration between educational and industrial circles is required. and cooperation with foreign academies should be continued.