• 무역상무연구
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• 제47권
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• pp.157-182
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• 2010

A counter-guarantee is an independent undertaking and it functions in the same way as an ordinary independent guarantee. However, the typical notion of independence which applies to the relationship between the guarantee and the underlying contract cannot be exactly transposed to the relationship between the counter-guarantee and the primary guarantee, because the primary guarantor bears its duties that derive from the mandate. In this respect, this study reviews, with some critics, a Korean appellate court's decision and argues that, in spite of the principle of independence between the counter-guarantee and the primary guarantee, the primary guarantor may not be entitled to reimbursement from the counter-guarantor, if it is objectively evident that the primary guarantor has failed to perform its duty of verifying compliance under the primary guarantor or if it is objectively evident that the primary guarantor knows that it is objectively evident that there was fraudulent calling by the beneficiary under the primary guarantee.

• 무역상무연구
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• 제47권
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• pp.129-156
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• 2010

Since the 1970s, international construction employers have commonly requested first demand guarantees upon their contractors as a form of security for due performance of their works. Contractors prefer the greater protection offered by more traditional forms of security requiring presentation of an arbitral award or other evidence of the caller's entitlement to compensation. Many contractors nonetheless feel that they have no alternative but to provide these unconditional guarantees in order to compete. However, these unconditional first demand guarantees are controversial and have given rise to numerous disputes both in arbitration and litigation. Disputes arising from first demand guarantees can be broken down into a) applications to prevent a perceived fraudulent or otherwise unfair or improper calling of a guarantee, b) claims arising from such abusive calls and c) claims relating to the consequences of such calls even if the call itself may not be abusive as such. The contractors should carefully assess the risk of an abusive call being made bearing in mind the difficulties he may face in seeking to prevent such a call. He should also bear in mind the difficulties, delays and cost he is likely to encounter in seeking to recover any monies wrongfully called. One option would be to provide that the call can only be made once and to the extent that the employer's damages have been assessed or even incurred or even for the default to have been established by an arbitral tribunal or court. Another option would be to provide that any call be accompanied by a decision of a competent and impartial third party stating that the contractor is in breach. For example, such a requirement could be incorporated into a construction contract based on the FIDIC Conditions by submitting this decision to a Dispute Adjudication Board. Another option would be to provide for the "ICC Counter-Guarantee Scheme". In sum, there would appear to be room for compromise between the employer and the contractor in respect of first demand guarantees by conditioning the entitlement to call such guarantees to the determination of a competent and impartial third party.

• 한국데이터정보과학회:학술대회논문집
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• 한국데이터정보과학회 2004년도 추계학술대회
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• pp.43-51
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• 2004

The reliability guarantee insurance policy for parts and materials was introduced to the market in 2003. This policy indemnifies manufactures of products for the repair/failure costs, recall expenses of products and business interruption losses found to be defective by users or demand companies during the terms of guarantee and after the user acquired physical possession of the product. In this paper, owing to the nature of the policy, we propose a new rate-making system considering the type of product and industry, quality control circumstances, record of guarantee performance, and exposure.

• 무역상무연구
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• 제17권
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• pp.7-35
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• 2002

In many international financing transactions Korean companies are required to issue a guarantee. Thus far, however, legal issues on international guarantees have not been fully discussed in Korea. This is partly because most of the international guarantees are governed by a foreign law such as English law or the laws of the State of New York. In this articles the author examines major concepts or terms and conditions of a typical international guarantee, e.g., language on consideration, primary obligor, joint and several guarantee, unconditional and irrevocable guarantee, continuing guarantee, right of subrogation, representations and warranties, covenant or undertaking, currency indemnity, assignment, participation, governing law and jurisdiction clause, etc. For reference, standard forms of a guarantee and a standby letter of credit are attached to the article. In examining the terms and conditions, the author compares them with similar or equivalent concepts under Korean law. The author further discusses some Korean law issues that may arise under international guarantees governed by a foreign law. These issues include the application of the ultra vires doctrine under Article 34 of the Civil Code of Korea, the validity of an international guarantee which a Korean company has issued in violation of the guarantee ceiling set under Article 10 of the Law on Monopoly Regulation and Fair Trade of Korea and the validity of an international guarantee which a Korean party has issued in violation of the Foreign Exchange Transaction Law. In addition, the author discusses some issues under a so-called independent guarantee and a standby letter of credit. In this regard, reference is made to the Uniform Rules for Demand Guarantee (URDG), International Standby Practices (ISP98) and the Convention on Independent Guarantees and Stand-by Letters of Credit adopted by the United Nations in 1995. Finally, the author examines major terms and conditions of typical comfort letters and discusses some legal issues, such as the binding force of the comfort letter. In dealing with the issues the author underscores that to the extent the issues are not properly dealt with by an international norm such as Uniform Customs and Practice for Documentary Credits or ISP 98, the issues must be analyzed by reference to the governing law of the relevant instrument.

• 무역상무연구
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• 제42권
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• pp.133-160
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• 2009

In International trade the buyer and seller are normally separated from on another not only by distance but also by differences in language and culture. It is rarely possible for the performance of obligations to be simultaneous and the performance of contracts therefore calls for trust in a situation in which the parties are unlikely to feel able to trust each other unless they have a longstanding and successful relationship. Thus the seller under an international contract of sale will not wish to surrender documents of title to goods to the buyer until he has at least an assurance of payment, and no buyer will wish to pay for goods until he has received them. A gap of distrust thus exists which is often bridged by the undertaking of an intermediary known and trusted by both parties who will undertake on his own liability to pay the seller the contract price in return for the documents of title and then pass the documents to the buyer in return for the reimbursement. This is a common explanation of the theory behind the documentary letter of credit in which the undertaking of a bank of international repute serves as a "guarantee" to each party that the other will perform his obligations. The independence principle, also referred to as the "autonomy principle", is at the core of letter of credit or bank guarantee law. This principle provides that the letter of credit or bank guarantee is independent of the underlying contractual commitment - that is, the transaction that the credit is intented to secure - between the applicant and the beneficiary ; the credit is also independent of the relationship between the bank and its customer, the applicant. The most important exception to the independence principle is the doctrine of fraud in the transaction. A strict interpretation of the rule that the guarantee is independent of the underlying transaction would lead to the conclusion that neither fraud nor manifest abuse of rights by the beneficiary would constitute an objection to payment. There is one major problem related to "Independent guarantees", namely abusive or unfair callings. The beneficiary may make an unfair calling under the guarantee. The countermeasure of beneficiary's unfair calling divided three cases. First, advance countermeasure namely by contract. In other words, when the formation of the contract, the parties must insert the Force Majeure Clause, Arbitration Clause to Contract, and clear statement to the condition for demand calling. Second, post countermeasure namely by court. Many countries, including the United States, authorize the courts to grant an order enjoining the issuer from paying or enjoining the beneficiary from receiving payment under the guaranty letter. Third, Export Insurance. For example, the Export Credit Guarantees Department is prepared, subject to certain conditions, to cover the risk of unfair calling. Of course, KEIC in Korea is cover the risk of the all things for guarantees. On international projects, contractor performance is usually guaranteed by either a standby letters of credit or Independent guarantee. These instruments will be care the parties.

• 한국산업융합학회 논문집
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• 제3권2호
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• pp.167-178
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• 2000

Software RAID(Redundant Arrays of Inexpensive Disks) is defined as a storage system that provides capabilities of hardware RAID, and guarantees high reliability as well as high performance. In this paper, we propose an enhanced disk scheduling algorithm and a scheme to guarantee reliability of data. We also design and implement software RAID by utilizing these mechanism to develop a storage system for multimedia applications. Because the proposed algorithm improves a defect of traditional GSS algorithm that disk I/O requests arc served in a fixed order, it minimizes buffer consumption and reduces the number of deadline miss through service group exchange. Software RAID also alleviates data copy overhead during disk services by sharing kernel memory. Even though the implemented software RAID uses the parity approach to guarantee reliability of data, it adopts different data allocation scheme. Therefore, we reduce disk accesses in logical XOR operations to compute the new parity data on all write operations. In the performance evaluation experiments, we found that if we apply the proposed schemes to implement the Software RAID, it can be used as a storage system for small-sized video-on-demand servers.

• 아동학회지
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• 제28권5호
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• pp.285-296
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• 2007

The purpose of this study was to estimate the future demand for certified teachers at childcare centers. This is an essential step to secure the supply of childcare teachers in the future. To achieve this purpose, the demand for childcare teachers from 2006 to 2020 were estimated using time series techniques with data on the number of childcare teachers from 2002 to 2005. According to time series estimates, the demand for childcare teachers is expected to increase steadily from 1,224 to 1,956 annually. This illustrates the need for mid-term and long-term planing in order to guarantee an adequate supply of childcare teachers.

• 무역상무연구
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• 제46권
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• pp.133-158
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• 2010

Independent guarantee is a creation of the need from the both sides, i.e. the applicant (principal debtor) and the beneficiary (creditor). The former used to have to deposit cash in favor of the beneficiary in case of his default, which laid a burden on his liquidity while the latter still wanted to have the equivalent to cash. Independent guarantee satisfied the both parties by freeing the applicant of a deposit and maintaining the beneficiary's right at the same time. The fact that independent guarantee has three payment mechanisms is not widely known to the public. They are (i) payment on first demand, (ii) payment upon submission of third-party documents, (iii) payment upon submission of an arbitral or court decision. From the applicant's point of view, the order in his favor is (iii), followed by (ii) and (i). As there shouldn't be a case where one party is at a disadvantage against the other, useful insight is being sought for the benefit of the applicant. First, the applicant can offer his intention to provide a payment mechanism (ii) or (iii) rather than (i) if he must deliver it. Second, if the beneficiary still wants to have (i) and the applicant is in a position not to reject it, the latter should thoroughly check any provisions that may work against him later. Third, the applicant could use counterbalancing provisions in underlying contract to cope with protective clauses in the guarantees. Forth, the applicant should review the beneficiary's sincerity to prevent unfair calling risks. The applicant may use an ECA(Export Credit Agency) in his country to which he can transfer not only unfair calling risks, but also political risks. On the other hand, a bank needs to keep the following advice in mind. The foremost important thing for the bank not to forget is that it provides a guarantee as a service provider, not as a responsible party for the feasibility of the project, etc. Credit risk of the applicant should require the greatest attention when issuing a guarantee: the bank should look into the possibility that it can procure immediate reimbursement from its customers after payment to the beneficiary. Second, the applicant's ability to complete the project should be reviewed by checking its track records, techniques and reputation, etc. Third, the bank may also use an ECA to cover the beneficiary's unfair calling risks as well as political risks. In the case of Korea, as Korea Export Insurance Corporation(KEIC) can cover all the risks mentioned above, the bank could use its service called 'Export Bond Insurance.' What's better for the bank is that ECA cover can enhance the bank's asset quality by putting it zero on its risk weighted asset.

• KSII Transactions on Internet and Information Systems (TIIS)
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• 제11권2호
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• pp.709-730
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• 2017

To address the challenge of unprecedented growth in mobile data traffic, ultra-dense network deployment is a cost efficient solution to offload the traffic over some small cells. The overlapped coverage areas of small cells create more than one candidate access points for one mobile user. Signal strength based user association in IEEE 802.11 results in a significantly unbalanced load distribution among access points. However, the effective bandwidth demand of each user actually differs vastly due to their different preferences for mobile applications. In this paper, we formulate a set of non-linear integer programming models for joint user association control and user demand guarantee problem. In this model, we are trying to maximize the system capacity and guarantee the effective bandwidth demand for each user by soft-association control with a software defined network controller. With the fact of NP-hard complexity of non-linear integer programming solver, we propose a Kernighan Lin Algorithm based graph-partitioning method for a large-scale network. Finally, we evaluated the performance of the proposed algorithm for the edge users with heterogeneous bandwidth demands and mobility scenarios. Simulation results show that the proposed adaptive soft-association control can achieve a better performance than the other two and improves the individual quality of user experience with a little price on system throughput.

• 지식경영연구
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• 제10권3호
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• pp.115-132
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• 2009

This paper makes an analysis of economic spillover effects of credit guarantee by linking the remainder of guarantee according to industries from 2003 to 2006 in this study. Specifically, total remainder of guarantee in 2006 is approximately 3922 billion and 600 million won on the basis of unchangeable price in 2003, and each funds becomes the input of the last demand in 27 industries over the cow1try and, thereby, induces production, added value, and the effect of employment. The last demand according to industries shows that a lot of funds have been supported to the manufacturing industry for about 1200 billion won, the wholesale and retail for about 1299 billion and 500 million won, food and lodging industry for about 144 billion and 100 million won, education and health care industry for about 132 billion and 600 million won, and social and other service industry for about 339 billion and 300 million won. The spillover effect about the remainder of guarantee in 2006 classified by industries over the country on the basis of production shows the high effects on the manufacturing industry for 37.8%, 2625 billion and 90 million won, the wholesale and retail for 20.7%, 1439 billion and 290 million won, food and lodging industry for 9.4%, 654 billion and 570 million won, real estate and business service industry for 9.2%, 637 billion and 310 million won, social and other service industry for 5.3%, 369 billion and 90 million won, and education and health care industry for 2.9%, 199 billion and 300 million won of the effect causing production over the country, 6945 billion won in order. The effect causing added value shows high spillover effect on the wholesale and retail for 36.7%, 1186 billion and 830 million won, the manufacturing industry for 25.8%, 831 billion and 500 million won, food and lodging industry for 14.9%, 480 billion and 980 million won, social and other service industry for 9.3%. 300 billion and 160 million won, and real estate and business service industry for 4.2%, 135 billion and 36 million won of the effect causing added value over the country in order. Finally, the effect causing employment shows a lot of employment have occurred in the wholesale and retail for 37.4%, 23,060 people, the manufacturing industry for 18.9%, 11,637 people, food and lodging industry for 13.7%, 8,429 people, social and other service industry for 7.9%, 4,866 people, and real estate and business service industry for 5.6%, 3,429 people of 61,617 people in order.