• Korea Trade Review
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• v.42 no.1
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• pp.257-281
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• 2017

It becomes a common feature of business practices in International Trade to use a standard terms for the formation of their contracts. However, because of differences in legal systems, business practices and so on in their own countries, there have been many conflicts and disputes happening between parties concerned in International Trade. The CISG, which has long been used as the governing law in many cases of International Trade, could not be free from those conflicting issues in its usage and application. This study analyzes the "Black Letter Rules" which was adopted by CISG Advisory Council in 2013 to provide an effective way of resolving the conflicting issues regarding the inclusion of standard terms in International Trade Contracts under the CISG. This study scrutinizes, the relevant rules and requirements for the inclusion of standard terms into a contract. It also deals with the offeror's duty of making clear reference to the standard terms, transmitting the contents of standard terms to the other party. As the other rules for the inclusion of standard terms, this study reviews the principle of denying the inclusion of standard terms after the formation of contracts, exclusion of surprising or unusual terms, preference of individually negotiated terms to the standard terms, contra preferentum rule and preference of the "knock-out rule" to "last-shot rule" in resolving the issue of so called, "Battle of Forms." Lastly, on the basis of analyzed opinion, this study suggests the practical implications for the people working at International Trade-related business sector to facilitate International Trade.

• Korea Trade Review
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• v.41 no.5
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• pp.113-138
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• 2016

This study analyzed the impact when Korea expands Chinese Renminbi(RMB) as invoicing currency on the trade to China using Monte-Carlo simulation. Primarily, we analyzed the impact on the balance of Korean Won(KRW) converted from RMB in a case that simulated exchange rate(Korean won to Chinese Renminbi) and realized historically identical probability distribution but in different stochastic process. In addition, we developed the simulation of the case where the volatility of RMB to KRW exchange rate abnormally expanded. The major results found in this study are as follows. First, in the case where RMB exchange rate simulated in identical probability distribution but in the different stochastic process, no matter how much RMB was utilized as invoicing currency, expansion of the RMB exchange rate and exchange rate volatility operated as positive mechanism to increase the KRW converted balance. Secondly, while the expansion of US dollar exchange rate volatility positively influences the balance on average, it caused a polarization of balance, which makes under-average-balance lower and over-average-balance higher. On the contrary, the expansion of RMB exchange rate volatility even shows a similar mechanism but the impact is more moderate than USD exchange rate volatility. Thirdly, as RMB exchange rate volatility expanded, the balance of translated invoicing currency (RMB) declined, whilst the negative impact of RMB exchange rate volatility on balance of translated invoicing currency(RMB) showed diminishing effect. Lastly, the influence of RMB's exchange rate volatility through RMB usage ratio trends similar to bull spread strategy, which is a combination of call option with put option. Therefore, since RMB usage in invoicing currency could spawn a hedging effect, corporations might utilize RMB as a strategic device for maximizing profits.

• Korea Trade Review
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• v.41 no.2
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• pp.231-250
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• 2016

The study attempts to consider L/G(Letter of Guarantee) in a different angle, which is internationally used as a way of commercial customs and practices in a case when the consignee wants to receive the goods without the original Bill of Lading, Thus, this study focuses more on verifying the usage of L/G in Mixed Payment System and the range of guarantee responsibility by an issuing bank through case analysis. This case uses a mixed payment method of L/C(Letter of Credit) and T/T(Telegraphic Transfer) in the transaction of goods. The issuing bank of L/C issues L/G with the amount of L/C which is the same as the amount as C/I(Commercial Invoice). However the carrier deliver all goods laden under both L/C and T/T payment with the production of L/G. In this case, because the buyer is unable to pay, the seller makes a claim for damages to the carrier that the carrier delivers the goods to the buyer against L/G. Finally, the judge gives a decision that the issuing bank of L/G should pay the whole amount of the goods. In this case, the main issue of the dispute is the range of guarantee responsibility by the issuing bank of L/G. As a result of the case analysis, the study suggests two counter strategies for smooth utilization in international trade environment. First, in the case of mixed payment system, a seller should issue a commercial invoice separately based on the amount of each settlement plan in order to clarify the liability of guarantee. Second, banks should establish a new form for L/G including a sentence for verifying liabilities of the bank's side in the current form of L/G.

• Korea Trade Review
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• v.44 no.6
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• pp.1-21
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• 2019

In the case of a sea transport contract, the decision of the governing law, together with the choice of lex fori, shall be a legal issue in all legal disputes involving damage to the goods. In sea transport contracts, a paramount clause is often established in conjunction with the governing law clause, which can lead to conflict between these two clauses. Most B/L's back clauses contain a paramount clause that provides that the Hague Rules, Hague-Visby Rules, or foreign laws that prevail over other provisions of the terms. The Hague Rules and the Hague-Visby Rules, however, set different standards regarding the extent of the sea carrier's liability. Therefore, in the interpretation of ground conditions, it is an important question whether the Hague Rules or the Hague-Visby Rules are applied or whether each rule is applied as a law. For example, the paramount clause in the Superior Pescadores case was problematic in the interpretation of the term 'Hague Rules.' In this case, the English Court held that the expression 'Hague Rules' could be used to mean the Hague-Visby Rules, and not exclusively the Hague Rules. Therefore, the Hague-Visby Rules were applied in the judgment of this case, which suggests that this case can be a valuable precedent in future legal matters.

• Korea Trade Review
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• v.44 no.2
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• pp.221-237
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• 2019

Multinational corporations (MNCs) usually face indigenous business environments in host countries which are different from a home country's. In this circumstance, MNCs would accomplish low-investing performance if they pursuit the same as the home oriented business strategy in the host country. The more different kinds of specialized environments a host countries have, the more pressure of modifying the international strategy needed for MNCs. This paper examines that how a different market environment between a home country and a host country, through MNC's local responsive managements, can influence investing performance in a host country. This paper conducts structural equation analyses with collected empirical data focusing upon a MNC's market orientation efforts and the realization of management localization (i.e., increasing local sourcing intensity or local sales intensity) as mediators between the specialized environment in a host country and the MNC's investing performance. This paper has several contributions in developing the prior approaches: first, the market orientation variables are regarded not as normal independent factors but mediators; second, two step mediation model is examined to make link between host market's heterogeneity and MNC's performance.

• Korea Trade Review
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• v.44 no.3
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• pp.105-121
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• 2019

This study applies diverse game theories to the US-China Trade War. The US-China Trade War can be analyzed as a game situation because the strategic decision-making process to maximize one's profit while considering the reaction of the other party is a game situation. However, related research suffered from some mistakes in applying the US-China Trade War as it is to classic game theory, because while the prisoners dilemma is based on the situation of No Communication, No Trust, No Cooperation, the US-China Trade War has a precondition different from that of prisoners dilemma, since it mutually communicates information and negotiation is repeated several times in a cooperative situation. The result of the trade negotiation will likely end as 'cooperate-cooperate'. Further, considering trade volume, trade interdependence, bargaining power based on economy, and the scale of damage caused by the Trade War, the US-China Trade War is progressing with the bargaining power of the US being higher than that of China. Since the current US-China Trade War is in an asymmetrical situation under the dominant bargaining power of the US, it is likely to reach 'US defect-China cooperative' in the long run.

• Journal of the Korea Management Engineers Society
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• v.23 no.4
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• pp.19-31
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• 2018

Corruption is a serious political factor that distorts economic structure and slows economic development. In particular, the transition to the market opening economy increases the corruption incentives due to the transitional situation. The purpose of this study is to investigate the influencing factors on corruption using 2013 Myanmar Enterprise Survey data provided by World Bank. As a result of the analysis, it was found that the manager's willingness to dealing the regulation and the necessity of licensing had a positive relationship with corruption at the level of 90% and 95%, respectively. In the competitive environment factor, the intensity of the competition showed a significant increase at the level of 90%. In the institutional environment, the perception of social corruption and the obstacle of the taxation authorities increased the corruption. On the other hand, the increase in the instability of the political environment and strict enforcement of laws has been shown to reduce corruption. However, there was no significant relationship between managerial capacity, corruption of competitors, tax rate, and administrative environment.

• Korea Trade Review
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• v.43 no.6
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• pp.193-214
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• 2018

The role of social value in public institutions has recently been emphasized. The purpose of this paper is to present key performance indicators(KPIs) and a development model for the realization of social value for port authorities. KPIs that could be quantitatively measured are presented with the five social value assessment indicators of the government management evaluation system for public institutions. Through the analysis of vision, mission and social value promotion strategies and stakeholders for each port authority, the concept of a customer-specific social value model is presented.

• Korea Trade Review
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• v.43 no.4
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• pp.131-153
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• 2018

This paper evaluates Korea's achievements in implementing the WTO Information Technology Agreement (ITA1), which has been referred to as one of the most successful stories in trade liberalization. ITA1 and other agreements for trade liberalization were evaluated based on quantative statistics, and the implication that is not shown as numbers has often been ignored. Based on in-depth interview methods, results of this paper provides academic importance in filling the gap in knowledge regarding the success of trade liberalization from a qualitative perspective. As well, it has practical importance in exploring implications for continuing the success in implementing the ITA2 and further implementing other agreements for trade liberalization.

• Korea Trade Review
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• v.47 no.5
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• pp.59-74
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• 2022

The exemption clause of recurring shipments refers to the insurer's exemption in Short-term Export Credit Insurance for the additional shipment which was shipped on board while any foregoing shipment was unpaid beyond its due date over 30 days. The recurring shipments are constituted with two factors: the due date of the foregoing shipment and the shipment date of the additional export. The exemption clause of recurring shipments has been eased by extending the grace period for payment up to 60 days from 30 days for the transactions between exporters and importers having the history of payments which were made customarily in delay. This research argues that the current grace period is for the buyers who customarily delay their payments, and that the insurer introduce a grace period for shipment in favor of exporters for the additional shipment which was delayed in on-boarding due to reasons beyond the control of exporters. In consideration of the waiting time and the on-boarding time at ports for container freight, shipments are frequently delayed, which entails those shipments to be indemnified by the exemption clause of recurring shipments. Roll-overs and Blank Sailings also cause the container freight to be delayed in on-boarding. This research is expected to contribute to further development of Short-term Export Credit Insurance in K-SURE.