• Title/Summary/Keyword: Commercial Practice

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Preliminary Review on Proposed New Contents in Incoterms 2010 -With a Special Reference to the 2nd Draft September 18, 2009 (INCOTERMS 2010의 주요 개정내용에 관한 연구 -2009. 9월 2차 초안을 중심으로-)

  • Huh, Jae-Chang
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.45
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    • pp.33-50
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    • 2010
  • The Incoterms, short for "International Commercial Terms," have been widely used as International Rules for the Interpretation of Trade Terms since 1936. The Incoterms have been revised six times in order to adapt them to contemporary commercial practice. The current version is Incoterms 2000. The revised version of Incoterms 2000 will be published in the fourth quarter of 2010 and will be effective from January 1st 2010. The first and second draft of Incoterms 2010 have been carried out by a small global Drafting Group, representing seven nationalities and various areas of substantive expertise. In this paper, I reviewed the main contents in the 2nd Draft of Incoterms 2010. This paper contributes to help the parties concerned to understand the new changes from Incoterms 2000 and to choose the appropriate trade term.

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Study on the WTO Disputes over the Korean Shipbuilding Industry in Relation to Export Credit (수출신용과 관련하여 우리나라 조선산업에 대한 WTO 무역분쟁 연구)

  • Lee, Koung-Rae
    • Korea Trade Review
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    • v.44 no.1
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    • pp.129-142
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    • 2019
  • This paper draws implications on the ship finance of the Korean ECAs for shipbuilding industry from the perspective of WTO ASCM through studying the trade disputes on export credits. In consideration of the underwriting practice on the case-by-case basis, the ECAs' law regimes and their ship finance programs as such would be judged not conferring a benefit. The ship finance of international commercial banks could be treated as a market benchmark for the purpose of determining the existence of benefit in the ECA ship finance. The ECAs share securities with international commercial banks for the same exposure to the risks in a syndicate. Therefore, WTO DSB would rule that the ECA ship finance confers no benefit for individual transactions. The items (j) and (k-1) of ASCM Annex I are not allowed to interpret a contrario.

Comparative Study on UNIDROIT Principles and Korean Civil Law about Illegality of Contract in International Trade (국제무역상 계약의 위법성에 관한 UNIDROIT원칙과 한국민법 비교연구 - 한국민법의 개선방안을 제시하며 -)

  • Chang-Won Ryu
    • Korea Trade Review
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    • v.45 no.1
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    • pp.221-239
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    • 2020
  • Among various export contracts, the contents of contracts are very important. Various companies make use of this method. [Which method are you talking about?] However, the Korean law system has an insufficient understanding of the international legal system. This paper looks into the conditions related to contracts in relation to the legal system. This paper analyzes not only the Korean civil law system about illegality of contracts but also makes a comparison with other international systems, such as the UNIDROIT Principles. Especially, the Korean civil law system about the illegality of contracts is comparable with the UNIDROIT Principles system about illegality of contracts. The purpose of this paper is to examine the revitalization of Illegality of Contract. This paper also deals with improvement of International Commercial Activation. Thus, this paper will offer directions to International Trade Practitioners. There is disagreement regarding methods of action related to international trade practice. Especially, this study is good for commercial parties, especially overseas sales people.

A Comparison of Simulation Characteristics of VacCAD and VacTran as Vacuum Simulator

  • Hyung-Taek Kim
    • International journal of advanced smart convergence
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    • v.12 no.4
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    • pp.217-223
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    • 2023
  • In this study, we compared the VacCAD and VacTran, commercial vacuum simulators, to investigate the simulation applicability and efficiency as vacuum simulation software. It was verified on reliability and simplicity of simulation modelling, and characteristics of the pump combinations, pumping down curves, and employed vacuum materials. First, usability of simulation schematics was estimated through the modeling tools and the overall simulation characteristics of each simulator were compared to evaluate the applicability in practice. Simulation reliability of each simulator was also probed by comparing the pumping performance characteristics of commercial high vacuum system models. In addition, the degree of tolerances on both simulators was also evaluated through pumping down analysis considering outgassing effect due to chamber material variations. The higher effectiveness and expediency of VacCAD than VacTran has been presented, and it was also expected that the utilization of VacTan in vacuum applications to be increased due to the higher availability of modelling variations.

Environmental Friendly Function and Safe Food Production by Organic Agriculture in Europe (선진 유럽유기농업의 환경보전 기능과 안전농산물 생산-한국유기농업의 발전을 위한 농업정책적 제안-)

  • 정길생;손상목;이윤건
    • Korean Journal of Organic Agriculture
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    • v.5 no.1
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    • pp.45-66
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    • 1996
  • In Korea there is still no basic standard for organic agriculture and organic farmers in Korea do not follow the minimum requirements of IFOAM basic standard Most of them just practice the organic agriculture applying organic fertilizer, commercial seed without legume, rotation and green manure. But they believe this system is a absolutely environmental friendly agricultural system and it produce a safe agricultural product since they are not aware of the basic standard of organic agriculture at all. The overuse of organic fertilizer by some organic farmer have caused some severe problems risk for nitrate and phosphate leaching. In soil profile showed the potential risk for nitrate and phosphate leaching. In the paper, it is discussed on the environmental friendly function and the safe vegetable production by european organic agriculture which keeps the internationally recognized basic standards of organic agriculture. Therefore it is strongly recommended that korean organic farmer have to follow the IFOAM it is strongly in order to practice the environmental agriculture and produce the safe food. And it is also necessary to introduce to Korea the basic standard of organic agriculture which coincides with IFOAM's and Codex of FAO/WHO immediately if they really want to practice an organic agriculture in the country.

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A Study on the Issues of Division of Costs - Focusing on Incoterms 2010 - (정형거래조건별 비용분담의 쟁점에 관한 연구 - Incoterms 2010을 중심으로 -)

  • PARK, Sung-Cheul
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.75
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    • pp.49-69
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    • 2017
  • Making a international contract of sale is not a simple work. International Trade parties(seller and buyer) may choose trade terms such as FOB or CIF to simplify their contracts and avoid misunderstanding of international commercial practice. Incoterms is the international rules for the interpretation of the trade terms, and firstly regulated by the ICC in 1936. The latest version is Incoterms 2010. Incoterms 2010 governs certain responsibilities between the seller and the buyer under the international contract of sale. Moreover, Incoterms 2010 provides the standard of division of costs relating to contract of carriage. But we should note that Incoterms 2010 is not the part of contract of carriage. The writer points out that there is no consistence principle in distributing the special costs under the contract of carriage like unloading cost from the transport vehicle. To avoid the dispute between the parties, it is more safe for international traders to fully and completely understand on the customs and practice of carriage of goods. Incoterms 2010 provides more detailed method of delivery of goods than CISG and RAFTD. Concerning the method of delivery of goods, CISG and RAFTD simply provide that the seller shall place the goods at the discharge of buyers. The writer suggests the basic principles to allocate the special costs of delivery of goods according to the trade terms under Incoterms 2010.

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A Study on the Regulation of Dental Medical Advertisements -Focusing on the Decisions of the Supreme Court and the Constitutional Court- (치과 의료광고 규제에 관한 소고 - 대법원 판결과 헌법재판소 결정을 중심으로 -)

  • Chang, Yeonhwa;Baek, Kyonghee
    • The Journal of the Korean dental association
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    • v.55 no.1
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    • pp.53-62
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    • 2017
  • As the citizens' life and body are the object of medical practice, it should ultimately protect the citizens' right of health. For this reason, medical practice possesses characteristics of non-profit and public and such special characteristics caused heavy regulations in the medical industry as exemplified by medical advertisements. For advancement of market economy, the government has been moving toward relaxing regulations in the medical industry and this trend can be shown in medical advertisements. Moreover, as a type of commercial advertisements, medical practitioners should be able to express their freedom of expression and freedom to occupation. From the perspective of patients who are medical consumers, they need access to information to locate appropriate medical practitioners and institutions for their symptoms. Therefore, medical advertisements can help realize the patients' right to know. This study will first analyze the general theories behind the necessity of medical advertisements and details of regulations, then analyze the issues from the cases of the supreme court and the constitutional court that are related to dental medical advertisements.

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The Revocation of the International Commercial Arbitral Award by the Chinese Court (중국법원의 섭외상사중재판정의 취소)

  • Lee, Shie-Hwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.31
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    • pp.107-134
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    • 2006
  • Enforcement of an arbitration award is an extremely important issue in arbitration. Arbitration, as a dispute settlement process, is rendered meaningless if it is not possible to enforce an award rendered by an arbitration tribunal. On the other hand, the present international arbitration system guided by the New York Convention and UNCITRAL Model Law is established on the dual supervision from the national courts. The nationality of the international arbitral award closely relates to the supervision of the national court, and the national court is entitled to decide the nationality of the international award in accordance with the conditions set in its own domestic law. The national court may set aside arbitral award made in its territory while the foreign court may refuge enforcement of foreign arbitral awards according to its own law and international convention to which it is a party. The conditions set in the Arbitration Law of the People's Republic of China are in agreement with those set in the UNCITRAL Model Law. The Chinese national court is entitled to set aside international awards made in China in accordance with the Chinese Law. The purpose of this paper is to clarify the Chinesr practice on the revocation of international commercial arbitral awards.

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A Study on the Jurisdiction of Commercial Arbitration in China (중국의 상사중재관할권에 관한 연구)

  • Li, Jing Hua
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.63
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    • pp.133-156
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    • 2014
  • With the development of Chinese commercial arbitration, there have been a large number of cases regarding the parties raised objection to the jurisdiction in arbitration and judicial practice. The argument relating to dealing with the subject matter, time limitation, identified subject of arbitration objection to the jurisdiction as well as the inadequate of Chinese Arbitration Law and relevant judicial interpretations has caused adverse impact on the conduct of the arbitration proceedings. This paper firstly look ar the overview of the arbitration jurisdiction objection, mainly on the arbitration jurisdiction objection determination and what is arbitration jurisdiction objection. The raise and abandonment of the arbitration objection to jurisdiction then will be analyzed in terms of subject, form, time and the legal consequences of giving up. The third part illustrates the handling of arbitration jurisdiction objection, main body, practices, procedures and whether the arbitration objection to jurisdiction is established. And the last part discuss how the condition of effectiveness on the arbitral agreement applies to through Chinese cases. Finally, the author suggests some cautions and countermeasures relates to arbitration agreement for domestic investors and traders dealing with the Chinese partner.

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Effects of Commercial Topical Shampoos on Skin Surface Sebum in Normal Canine Skin (개에서 피부 치료용 샴푸가 표피유분에 미치는 영향)

  • Hwang, Cheol-Yong;Oh, Tne-Ho
    • Journal of Veterinary Clinics
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    • v.19 no.2
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    • pp.225-227
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    • 2002
  • Various commercial shampoos were frequently prescribed for dermatologicstherapy in small animal practice. Skin surface sebum affected by the shampoos, however, was not evaluated routinely. In order to evaluate the skin surface sebum for the exact prescription of shampoos methods to measure skin surface sebum of shampoos are needed. This study was undertaken to evaluate the skin surface sebum effect of shampoo on canine skin using sebometry. Five healthy dogs were applied with 3 commercial shampoos: Sebocalm, Sebolytics, and Benzoyl peroxide. Sebocalm had a great effect on skin surface seoum and normal saline also affected the skin sebum. Sebolytics and benzoyl peroxide had a moderate effect of skin sebum. The lowest effect was shown in detergent. Therefore, Sebumeter was considered a good and convenient apparatus for skin sebum measurement in order to evaluate the effect of shampoos on skin sebum. None of the products tested had any negative effect on the skin barrier function.