• The Journal of Information Technology
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• v.7 no.3
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• pp.99-112
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• 2004

Internet is changing all of the commercial practices and customs on international business transaction. So called e-Trade in global marketing is expected to dominate the global trade in 21st century and thus is being introduced as a major mission assignment for exporting countries. e-Trade has the potential to accelerated existing threads and introduce new ways of carrying out global trade. It is especially important in Korea, which has a high dependency rate on trade. Trade efficiency through the channel of e-Trade is an alternative to strengthen international competition of korean small and medium sized global trading firm.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.66
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• pp.285-312
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• 2015

Export and import of food, agriculture, forestry, fishery products are suffering from low growth rate due to the European financial crisis, global recession, and Japan's 2012 export expansion following the aftermath of 2011 earthquake. Upon the signing and enactment of Free Trade Agreement with the U.S. and the EU, agriculture and fishery product have become the center of attention. Agriculture and fishery was reported to be 80million dollars, 1.46% of total national export, in 2012. Starting from2000, South Korea's government began its effort to expand agriculture and fishery export and as a result, export has steadily increased despite decreased consumption led by global recession. K-Sure has started an insurance program with the purpose of promoting SME business's export. It protects SME business against risk arising from credit, emergency, bad debt, and domestic price increase. This study aims to evaluate the service quality of K-Sure's insurance program via surveying SME businesses in the agriculture and fishery industry. Also this study will identify key service factors for SME businesses and explore ways to expand SME exports of agriculture and fishery by analyzing consumer satisfaction index. Results indicated service product quality factor, service communication quality factor, and social quality factor was key to improving consumer satisfaction for SME businesses in agriculture and fishery industry. Service product quality factor had a negative effect on consumer satisfaction in term of variety and results indicated that service communication quality factor's responsiveness element had minimal impact on consumer satisfaction. Conversely, all elements for social quality factor had positive effects on consumer satisfaction. Thus, leading to the conclusion that improvements in service product quality factor and service communication quality factor will indeed increase consumer satisfaction.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.407-426
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• 2016

The Marine Insurance Act 1906 (MIA 1906) has been a successful piece of legislation, having rarely been amended and having established, or served as an influence in the development of, the basis of marine insurance legislation in several countries. However, it has been recognised that some parts of the MIA 1906 have begun to show their antiquated nature, especially where established principles which were once thought to reflect undoubted propositions of law are now being openly criticised. Since 2006, the Law Commission and Scottish Law Commission (the 'Law Commissions') have been engaged in a major review of insurance contract law, finally leading to the Insurance Act 2015. The Insurance Act 2015 received Royal Assent on 12 February 2015, and was based primarily on the joint recommendations of the Law Commissions. The 2015 Act made substantial changes to several main areas of marine insurance law & practice: (i) the replacement of the pre-contractual duty of disclosure with a duty to make a "fair presentation of the risk"; (ii) the abolition of the "insurance warranty" under the Marine Insurance Act 1906, s.33, and provision of a new default remedy of suspension of liability until the breach is cured; (iii) partial codification of the fraudulent claims rule in insurance contract law, etc. The Act did not provide for any new statutory duty for insurers to investigate or pay claims in a timely fashion, although this may be revisited in the next Parliament. Moreover, the Law Commissions have reopened their consideration of the doctrine of insurable interest. The 2015Actmay not then signal the end of the legislative programme in this area.

• Korea Trade Review
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• v.45 no.1
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• pp.241-257
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• 2020

Globally, Fintech, which acts to replace existing intranational payment methods, is actively used, and such Fintech payments are widely accepted in international B2C trade. However, Fintech for B2B trade has not been released to the market thus far, and previous attempts at electronic international payment systems, such as Bolero, TradeCard, and Identrus, have not succeeded, and most of them have completely disappeared. On the other hand, there are continuing attempts to introduce Fintech technologies such as blockchain to international payments, and these attempts are more widely pursued in foreign countries. If international payments using Fintech are marketed through foreign services and such Fintech services become the de-facto standard for international payments, then Korea in which dependency on international trade is high will be vulnerable due to a dependency on foreign services such as relying on foreign SNS platforms like Facebook and Instagram. Therefore, this paper proposes a business model that can be used as a legitimate B2B trade international payment system on the basis of domestically provided services, focusing on various services afforded by K-SURE, which is the Korea Trade Insurance Corporation.

• International Commerce and Information Review
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• v.15 no.3
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• pp.289-310
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• 2013

In the past, an policy measures for the promotion of the export has actively used trade finance, but also in its effect there is no doubt. However, in 2008 the bankruptcy of Lehman Brothers triggered the global financial crisis. As a result, the need to effectively manage liquidity risk posed, and was a debut for Basel III. Focusing on trade finance banks are being made. Domestic commercial banks have not been able not utilize various trade finance techniques. In these situations, the introduction of Basel III can discourage trade finance. Therefore, responses should be prepared for it. Therefore, this study analyzes the status of trade finance system. And international regulation of the financial market are investigated for changes. Based on this, the development direction of Korea's trade finance is proposed.

• International Commerce and Information Review
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• v.2 no.2
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• pp.171-188
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• 2000

지속적으로 변화하는 무역관습의 흐름은 결제관습에 있어서도 새로운 변화를 초래하고 있는데 최근의 국제결제시스템중 가장 두드러진 변화는 전자적 방법에 의한 결제시스템의 대두이다. TradeCard는 이러한 전자결제시스템으로서 가장 대표적인 예로서 1994년 처음 사업이 시작된 이후 10년도 되지 않아 새로운 무역결제관습으로 정착되기 위한 상업적 활동에 나서고 있다. 본 논문은 이러한 TradeCard의 상업적 활동이 과연 순조롭게 추진되어 신용장을 비롯한 기존의 무역결제시스템에 추가 또는 대체되는 새로운 무역관습이 탄생할 수 있을지를 검토하고 있다. 이를 위해 본 논문은 먼저 TradeCard가 갖고 있는 특징을 몇 가지로 분류하여 살펴보았다. 즉, 무역절차의 전자화 과정에서 기능적 접근방법을 채택하였다는 점, 타 기관이나 조직과의 활발한 제휴, 비용과 시간을 절감시킬 수 있는 방법의 제시 등이 그것이다. 이러한 특징을 통해 TradeCard는 새로운 무역관습으로 자리잡을 수 있는 충분한 가능성을 갖고 있다는 것이 논자의 생각이다. 그러나 다음의 몇 가지 문제점 역시 갖고 있기 때문에 이를 해결하는 것이 그러한 가능성의 전제조건이 된다. 첫째, TradeCard를 통한 거래의 법적 안정성 확보이다. 이는 모든 전자거래가 공통으로 갖는 문제점이지만 TradeCard의 경우 거래조건의 이행여부에 대한 전자적 판단이라는 요소를 지니고 있어 이를 어떻게 법적으로 수용할 것인가의 문제가 제기된다. 둘째, TradeCard를 통한 거래에서 발생되는 피해에 대한 구제방법의 제시이다. 이는 아마도 보험을 통해서 해결할 수 있으리라 생각되지만 현재 TradeCard는 이부분에 대한 명확한 입장이 명시되지 않은 것 같다. 셋째, 국제적 전자거래를 안전하게 할 수 있는 방안으로 전자서명의 활용이 절실한데 이에 대한 상호인정의 해결이 필요하다는 점이다. 물론 이는 TradeCard의 역할이라기 보다는 우리 정부를 비롯한 각국의 정부당국의 몫이다. 그러나 이러한 모든 문제는 결국 얼마나 빨리 많은 사용자를 확보하여 시장의 힘을 통해 국제상관습으로 정착시킬 수 있는가의 문제로 귀착된다고 본다. 따라서 TradeCard는 처렴한 요금체계 및 사용자에 대한 인센티브의 제공 등을 통해 조기에 다수 사용자를 확보하는 것이 시급한 것으로 생각한다.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.327-348
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• 1999

Insurance lawyers have been curiously uninterested in the legal aspects of the use of insurance in export sales. It is an area which shows several doubtful points and some difficulties. According to the law of international sales and commercial credits, the primary question is whether the insurance contracts and documents that are produced satisfy the requirements of the sales and the credit contracts. From the point of view of insurance law, the question is how the insurance arrangements can be made to fit those requirements. The purpose of this study is to review problems that may occur in insuring cargoes in export sales.

• Korea Trade Review
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• v.42 no.2
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• pp.145-174
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• 2017

Recently, due to the worsening global economic recession, Korea which is a small, export-oriented economy has decreased exports and the domestic economy also continues to stagnate. Therefore, for continued growth of our economy through export growth, we need to analyze the validity of export support system such as export insurance and prepare ways to expand exports. This study is to investigate the effects of Export Insurance on the exports of SMEs as well as LEs. For this purpose, this study conducted Time Series Analysis using data such as export, export insurance acquisition, export price index, exchange rate, and coincident composite index(CCI). First, as a result of the Granger Causality Test, the exports of LEs has found to have a causal relationship with the CCI, and CCI is to have a causal relationship with the short-term export insurance record. Second, the results of VAR analysis show that the export insurance acquisition result and the export price index have a positive effect on the exports of LEs, while the short - term export insurance has a negative effect on the exports of LEs. Third, as a result of variance decomposition, the export of LEs has much more influenced for mid to long term by the short-term export insurance acquisition compared to SMEs. Fourth, short-term export insurance has a positive effect on exports of SMEs. In order to activate short-term export insurance against SMEs, it is necessary to expand support for SMEs by local governments. This study aims to suggest policy implications for establishing effective export insurance policy by analyzing the effects of export insurance on the export of SMEs as well as LEs. It is necessary to carry out a time series analysis on the export results according to the insurance acquisition results by industry to measure the export support effect of export insurance more precisely.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.125-145
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• 2017

Where an insurer has unreasonably refused to pay a claim or paid it after unreasonably delay, the existing law in England does not provide a remedy for the insured. Accordingly, the insured is not entitled to damages for any loss suffered as a result of the insurer's unreasonable delay. This legal position differs from the law in Scotland and most major common law jurisdictions. LC thought that the legal position in England is anomalous and out of step with general contractual principles. LC considered that a policyholder should have a remedy where an insurer has acted unreasonably in delaying or refusing payment of claim, and, therefore, recommended a statutory implied term in every insurance that the insurer will pay sums due within a reasonable time and breach of that term should give rise to contractual remedies, including damages. More detailed recommendations of LC are as followings. First, it should be an implied term of every insurance contract that, where an insured makes a claim under the contract, the insurer must pay sums due within a reasonable time. Secondly, a reasonable time should always include a reasonable time for investigating and assessing a claim. Although a reasonable time will depend on all the relevant circumstances, for example, the following things may need to be taken into account, that is, (1) the type of insurance, (2) the size and complexity of the claim, (3) compliance with any relevant statutory rules or guidance, and (4) factors outside the insurer's control. Thirdly, if the insurer can show that it had reasonable grounds for disputing the claim(whether as to pay or not, or the amount payable), the insurer does not breach the obligation to pay within a reasonable time merely by failing to pay the claim while the dispute is continuing. In those circumstances, the conduct of the insurer in handling the dispute may be a relevant factor in deciding whether the obligation was breached and, if so, when. Fourthly, Normal contractual remedies for breach of contract should be available for breach of the implied term to pay sums due within a reasonable time. Finally, In non-consumer insurance contracts, the insurer should be permitted to exclude or limit its liability for breach of the obligation to pay sums due within a reasonable time, unless such breach was deliberate or reckless, and such an insurer's right to contract out will be subject to satisfying the transparency requirements.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.69
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• pp.453-472
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• 2016

As globalization is widely expanded in Islamic world as well as huge capital like oil-money is looking for new investment areas, our government should keep eyes on the current situation of Muslim market. This study will focus on the research of operation model of Islamic insurance. It will analysis on the institutional aspects of Islamic insurance(Takaful) system, which is a step further on the basis of these previous researches about Islamic finance. Takaful is conducted with various machanism such as Wakala, Mudarabah, Waqf. The mechanism can also be intermingled with one another to form other diverse contracts. However most of them are focused on basic conceptual elements of Islamic insurance system. As public interests in Islamic insurance are increasing these days, many Islam related literatures are issued accordingly. But most of them were focused on basic aspect of Islamic financial system or on the study of business management structure. The conceptual approach to evaluate the Islamic insurance market shall become the foundation of operation in conventional business law and regulation penetrate to the Islamic business environment. Therefore, the research of the operation model in Islamic insurance system as well as the search of trade engineering basis.