• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.16
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• pp.35-58
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• 2001

The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 of the UCP500 and 95UCC 5-108. Both articles introduce a standard of document examination to be used by banks to determine whether they comply facially with the terms of the credit. While, in the UCP, this standard is called international standard banking practices, in the UCC, this standard is called standard practices. I think that both standards are not same. Thus, first, this study look for categories of both standards and scope of application. the second subject is how can issuing bank act in the face of non-documentary condtion under this standard of document examination. Third is correlation between the principle of Strice Compliance and the standard.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.405-427
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• 1999

Although Uniform Customs and practice for Documentary(UCP) is not a law, it applies to most documentary credits and is binding on all parties unless otherwise expressly stipulated. Besides, Uniform Commercial Code(UCC) Article 5 was codified by the United States and was adopted by every state. Moreover, the New York version of the UCC Article 5-102(4) specifically providing that the UCC does not apply to letters of credit where the parties agree to be governed by the UCP. Identical nonuniform Articles were latter added in Alabama, Arizona, and Missouri. The fact that courts in forty-six of the fifty states are bound by Article 5. Until now, Article 5 of the UCC has probably had an impact on the decisions in New York and the New York common law. Therefore, I examined a few issues on application between Article 5 of the UCC and the UCP. First, although the UCP attempt to introduce a new for examination of document by incorporating "standard practice of financial institutions" and "international banking practice", the standards for documentary compliance are not clear. The UCC attempt to rely on the matter of interpretation for the court, but the UCP would probably be interested in examining in about bank's internal practices as reflected in UCP Articles. Second, the rule for nondocumentary conditions is a useful for stand-by credit transactions under the UCC, but these conditions would probably put the bank in an even worse position in case of documentary credit transactions under the UCP. Third, the UCP does not contain any provision governing the fraud exception, but the UCC codified the fraud and forgery rules developed through American case law. Fourth, the UCP treats the issue of transfer in much more detail than the UCC does. In contract, the UCP's treatment of assignment of proceeds is brief. Finally, I suggest that the fraud exception rules should be prescribed in the UCP in order to protect the issuing bank and the applicant when an unscrupulous party attempts to defraud.

• Journal of Labour Economics
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• v.23 no.2
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• pp.1-37
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• 2000

Since the early 1990s, the Korean courts have tilted in the direction of giving greater freedom to employers by relaxing the restrictions on dismissal for economic reasons. During the Korean economic crisis of 1998, the Korean Labor Standard Act was also revised for the purpose of relieving the limitation of employer's discretion in employment adjustment. From the Coasian perspective, this article analyze how implied contracts for the employee's reliance and employer's compliance might be influenced after the formal law is revised. We demonstrate that, if the legal change results in excessive intervention, it might cause the employers to over-breach, the employees to under-rely, and the accompanying efficiency to decrease. We scrutinize the total population of unjust dismissal cases since 1987 in order to investigate how the legal changes in Korea have affected the implied contracts. Our empirical analysis raises a possibility that Korean legal changes made in 1990s might have increased the employer's opportunism and decreased the employer's reliance effort.

• Journal of KIISE:Software and Applications
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• v.32 no.8
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• pp.704-716
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• 2005

Assembling new software systems from Prepared components is an attractive alternative to traditional software development method to reduce development cost and schedule dramatically. However, if separately developed components are tested, integrated and verified with unreasonable effort and high cost, it would not be an effective way to software development. Components are not distributed in the shape of white-box source code so that should be hard to validate and test in new application environment. For solving this problem, built-in tester components are suggested to check the contract-compliance of their server components. If components have various and complex function, built-in tester should be heavy and unflexible to test in composition of components. This paper suggests enhancing automated wrapper technique which substitutes with built-in tester components and shows the usability of the wrapper by design and implementation. Component testing in this way reduces the cost and effort associated with preparation of component testing and makes the various test experiments in components assembly.

• Korean Journal of Construction Engineering and Management
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• v.8 no.6
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• pp.246-262
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• 2007

The performance of projects has always been an area of interest in the construction industry. Roles of all construction supply chain partners are necessary; however the role of a contractor firm in the construction project is pivotal. So, this research intended to explore a Construction Firm's performance criteria which could measure the level of performance of that firm in an ongoing project. Data was collected from construction professionals working in three principal project participant organizations, namely Owner, Consultant and Contractor. A total of 113 nos. of performance measuring items were sorted from literature review and used to collect data. Statistical tools processed by SPSS program was employed to analyze the data. Out of total 113 items, only 65 nos. of variables were found to be acceptable to every population group of this study. Factor analysis revealed 12 key performance predicting factors (KPPF) with 53 predictive indicators. 12 KPPFS with index weight are: work progress and smoothening (9.3%), change order management and work accuracy (9.1%), business relationship building (8.1%), adequacy of construction work procedure (8.6%), quality performance (8.0%), health and site safety adequacy (8.8%), Innovative contractor (8.0%), adequacy of construction site information (6.8%), compliance with contract plan/specification requirements (8.9%), creditworthiness and financial capability (8.3%), intra-agency relationship and responsiveness (7.0%) and resource management (9.2%). These results could be useful to project management body to evaluate performance of its contractor firm on site as well as the contractor itself to assess own performance and its subcontractors on-site.

• Journal of the Korea Institute of Information Security & Cryptology
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• v.22 no.1
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• pp.155-167
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• 2012

Cloud computing service is a next generation IT service which has pay-per-use billing model and supports elastically provisioning IT infra according to user demand. However it has many potential threats originating from outsourcing/supporting service structure that customers 'outsource' their own data and provider 'supports' infra, platform, application services, the complexity of applied technology, resource sharing and compliance with a law, etc. In activation of Cloud service, we need objective assessment standard to ensure safety and reliability which is one of the biggest obstacles to adopt cloud service. So far information security management system has been used as a security standard for a security management and IT operation within an organization. As for Cloud computing service it needs new security management and assessment different from those of the existing in-house IT environment. In this paper, to make a Information Security Management System considering cloud characteristics key components from threat management system are drawn and all control domain of existing information security management system as a control components are included. Especially we designed service security management to support service usage in an on-line self service environment and service contract and business status.

• Korea Trade Review
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• v.45 no.2
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• pp.191-209
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• 2020

Project logistics is becoming increasingly important in overseas plant projects. Efficient logistics risk management is needed to reduce construction period and reduce costs. However, Korean construction firms bid unconditionally without sufficient experience and analysis on overseas plants contract, companies are gradually losing profitability on projects due to not considering profitability. Despite the significant effects on the profitability of Korean construction companies, and although these companies still continue to bid on overseas plant projects, policies to manage project logistics risks for safe transport and compliance with the contracted building schedule in the long term is still lacking. Hence, this study investigates the risk factors related to project logistics and to analyze the effect of project logistics risk on overseas plant business performance. We conducted a survey of project-related workers. The results of the analysis are as follows: First, among the logistics risk factors, overseas platform business people recognize operational risk and financial risk factors, which have a positive effect directly on overseas plant performance. Second, the ability to manage project logistics risks can have a significant impact on the success or failure of overseas plants. Finally, if logistics risk factors are managed on the basis of the research results confirmed through empirical analysis, it is possible to carry out more efficient and effective management of the project, which implies that this will have a positive effect on overseas plant business performance.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.12
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• pp.429-460
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• 1999

The letter of credit is quintessentially international. In the absence of international legal system, a private system based on banking practices has evolved, commanding the adherence of the international letter of credit community and providing the foundation of th reputation of this instrument. To maintain this international system, it is vital that international standard banking practice should not be subject to local interpretations that misconstrue or distort it. The UCP is a formulation of international standard banking practice. It is neither positive law nor a "contract term" in any traditional sense and its interpretation must be consonant with its character as a living repositary of international understanding in this field. As a result, the interpretation and application of specific articles of the UCP must be consistent with its evolving character and history and with the principles upon which sound letter of credit practice is predicated. This study, especially, focuses on article 13 and article 14 of the UCP500. Article 13(b) of UCP500 stipulates that banks will have a reasonable time, not to exceed seven days, to examine documents to determine whether they comply facially with the terms of the credit. The seven-day provision is not designed as a safe harbor, because the rule requires the issuer to act within a reasonable time. But, by virtue of the deletion of the preclusion rule in the document examination article in UCP500, however, seven days may evolve as something of a safe harbor, especially for banks that engage in strategic behavior. True, under UCP500 banks are supposed to examine documents within a reasonable time, but there are no consequences in UCP500 for a bank's violation of that duty. It is only in the next provision. Courts might read the preclusion more broadly than the literal reading mentioned here or might fashion a common-law preclusion rule that does not require a showing of detriment. Absent that kind of development, the change in the preclusion rule could have adverse effects on the beneficiary. The penalty, strict estoppel or strict preclusion, under UCP500 and 95UCC differs from the classic estoppel. The classic estoppel rule requires a beneficiary to show three elements. 1. conduct on the part of the issuer that leads the beneficiary to believe that nonconforming documents do conform; 2. reasonable reliance by the beneficiary; and 3. detriment from that reliance. But stict preclusion rule needs not detrimental reliance. This strict estoppel rule is quite strict, and some see it as a fitting pro-beneficiary rule to counterbalance the usually pro-issuer rule of strict compliance.

• Korea journal of population studies
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• v.33 no.3
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• pp.101-121
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• 2010

The purpose of this study is to examine the job characteristics of care workers in elderly care voucher service emphasizing a social service quality management approach. The study sample was composed of randomly-selected 233 centers which dispatched care staffs to clients' home. Descriptive analyses were performed for examining the unique aspects of relationship-based labor of care staffs, and logistic regression analyses were performed for investigating the association between service quality structure and human right violation against staffs. As the first empirical study focusing on staff-side service quality factors, this study found out that human right violation against staffs was mainly influenced by record-keeping and document management capacity of center, risk protection under insurance, compliance of standard contract procedure, and regular supervision. These results suggest particular policy attention should be given to basic protection for and set-up of core activity boundaries of care workers as well as clients-centered rights both for preventing human right violation and improving overall social service quality.

• The Journal of KAIRB
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• v.5 no.1
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• pp.14-20
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• 2023

Purpose: To obtain fundamental data on selection tools for an internal audit and develop a new guideline. We scored the indicated points from the internal audit, identified the research progress and problems that occurred, and confirmed the validity of the risk factors involved. Methods: Of the 63 internal audits conducted by Keimyung University Dongsan Hospital from 2014 to 2021, we analyzed 55 clinical trials with an inspection checklist. We excluded 8 that failed to transfer data and refused to comply with the internal audit. The statistical summary of the collected data was verified and interpreted by using frequency analysis and a chi-square test. Result: Of total 55 cases included in the internal audit, sponsor-initiated trial (SIT) was 63.6% (vs. investigator-initiated trial [IIT]), clinical trial for investigational drug was 71.0% (vs. nonclinical or clinical trial for investigational device), domestic multicenter trial was 60.0% (vs. single center or multinational multicenter trial), and trial requisition for MFDS approval was 69.1% (vs. exception for MFDS approval). The 10 areas of the clinical trial inspection checklist (reports, protection of subjects, compliance with protocols, records, management of investigational drug and/or device, delegation of duties, qualification of investigators, management of specimen, contract-agreement and approval of protocols, and preservation of recorded documents) were weighted between 2 to 5 points. The average of the total points was 16.09±13.2 and 20 clinical trials were above the average. As a result of comparing the average of the total points weighted by year, the highest score was in 2020. The 4 factors that play significant roles in determining the internal quality were (1) principal subjects that initiated the clinical trials (p=0.049), (2) type (p=0.003), (3) phase of clinical trials (p=0.024), and (4) number of registered subjects reported at the time of continuing deliberation (p=0.019). Of the 10 areas of the clinical trial inspection checklist, 'record' was the most inappropriate and insufficient. We found more indicated points; the quality of performance declined in IIT, nonclinical trials, and other clinical trials that were not in phase I1-IV4, and the study of more than 30 registered subjects at the time of continuing review. Conclusion: If an institution has an internal audit selection tool that reflects the aforementioned risk factors, it will be possible to effectively manage high-risk studies; thereby, contributing to an efficient internal audit and improving the quality of clinical trials.